Top 3 Cases June 2023
In this series of articles, we aim to highlight 3 of the most interesting cases in our field decided in the past month. This month: abusive attempts to subvert possession proceedings, challenges to the register of common land, and numerous issues arising from an injunction excluding a landlord from a property.
Read More...Download: Top 3 Cases June 2023
How much is too much? When is use of a right of way excessive?
How much is too much? When is use of a right of way excessive? The issue “Alteration of property use and increase in traffic over rights of way are common causes of neighbour disputes … [A typical issue is] would the increased intensity of use exceed what is reasonably tolerable and amount to an actionable nuisance?” Thompson v Bee [2009] EWCA Civ 1212 per Mummery LJ @ [1].
Read More...Download: How much is too much? When is use of a right of way excessive?
On your marks, get set … Fixed recoverable costs and the intermediate track may be coming to a (property) dispute near you.
The Civil Procedure Rules Committee has published a preview of the (draft) rules and practice directions which are likely to herald a significant expansion of fixed recoverable costs (FRC) in civil litigation. The new system is multi-layered and contains an elaborate amount of detail. It will certainly need close studying by practitioners
Read More...Download: On your marks, get set … Fixed recoverable costs and the intermediate track may be coming to a (property) dispute near you.
Tell me everything…but don’t overdo it
Martin Dray has written an article on the recent decision in SPS Groundworks & Building Ltd v Mahil. The case concerned a dispute relating to land bought at auction. The defendant purchaser refused to complete. The claimant then sold the land at a lower price to someone else and claimed the difference in price from the defendant. The claimant won at trial but the defendant was successful on appeal. The case raises issues as to when a vendor must speak, and what a vendor should not say. Martin provides a summary here.
Read More...Download: Tell me everything…but don’t overdo it
If you have a contrary intention, say so!
Martin Dray has produced an article on Browning v Jack [2021] UKUT 307 (LC), a case about easements and s.62 of the Law of Property Act 1925.
Read More...Download: If you have a contrary intention, say so!
It’s not demanding to be noticed
In “It’s not demanding to be noticed” Martin Dray considers the recent Court of Appeal decision in Prempeh v Lakhany in relation to s.8 notices seeking possession.
Read More...Download: It’s not demanding to be noticed
CPR update: more changes in the pipeline
Martin Dray provides a short update on the Civil Procedure Rules.
Read More...Download: CPR update: more changes in the pipeline
“Stay” no more: the future for possession claims. Practice Direction 55C (and Christmas?)
Martin Dray has produced an article on the future for possession claims.
Read More...Download: “Stay” no more: the future for possession claims. Practice Direction 55C (and Christmas?)
Coronavirus and property: keep taking the medicine.
Extended relief in relation to forfeiture, CRAR, insolvency and planning. Martin Dray has provided a quick update in relation to the latest developments on four fronts: (1) forfeiture; (2) CRAR; (3) insolvency; (4) planning.
Read More...Download: Coronavirus and property: keep taking the medicine.
Following on… A Property Litigator’s Guide to The Cricketing Laws of Coronavirus (Part 2)
Following on from his previous article on a Property Litigator’s Guide to 'The Cricketing Laws of Coronavirus', Martin Dray has provided a follow up "part 2" article.
Read More...Download: Following on… A Property Litigator’s Guide to The Cricketing Laws of Coronavirus (Part 2)
Not positively unjust? The difficulty in obtaining rectification of the register against a proprietor in possession.
Martin Dray on the rectification of the register under Sch.4 to the Land Registration Act 2002 in the light of the decision in Rees v 82 Portland Place [2020] EWHC 1177 (Ch). The decision was given on Friday 15 May 2020.
Read More...Download: Not positively unjust? The difficulty in obtaining rectification of the register against a proprietor in possession.
Test, test, test. It’s all about testing.
Martin Dray on the new regulations about electrical safety in the context of private residential tenancies.
Read More...Download: Test, test, test. It’s all about testing.
How’s That? A Property Litigator’s Guide to The Cricketing Laws of Coronavirus
A Property Litigator’s Guide to 'The Cricketing Laws of Coronavirus' by Martin Dray.
Read More...Download: How’s That? A Property Litigator’s Guide to The Cricketing Laws of Coronavirus
Much a door about nothing? When is a door a landlord’s fixture?
Martin Dray considers a recent decision of the Upper Tribunal (Lands Chamber) on whether the replacement of a flat’s front door was in breach of lease.
Read More...Download: Much a door about nothing? When is a door a landlord’s fixture?
Mind your (own) language!
Martin Dray on the change for statements of truth and other key changes for witness statements.
Read More...Download: Mind your (own) language!
Possession: all bets are off (at least for now).
Martin Dray on possession proceedings and PD 51Z.
Read More...Download: Possession: all bets are off (at least for now).
CORONAVIRUS: THE IMPACT ON FORFEITURE OF BUSINESS LEASES FOR NON-PAYMENT OF RENT
"The rule is, jam tomorrow and jam yesterday – but never jam today."
Read More...Download: CORONAVIRUS: THE IMPACT ON FORFEITURE OF BUSINESS LEASES FOR NON-PAYMENT OF RENT
Valuation issues in terminal dilapidations
Some thoughts on the legal aspects of the valuation conundrums.
Read More...Download: Valuation issues in terminal dilapidations
Adverse Possession
A paper given to the PLA in Manchester.
Read More...Download: Adverse Possession
