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Articles

Information orders and the limits of Explanatory Notes

This article, by Toby Boncey and Gwyneth Everson, considers the decision of the High Court in BDW Trading Ltd v Ardmore Construction Ltd & Ors [2025] EWHC 434 (TCC).

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Landlord’s steps related to the disapplication of the presumption of qualifying lease

In our latest article about the Building Safety Act 2022, Toby Boncey discusses landlord’s steps related to the disapplication of the presumption of qualifying lease.

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The need for speed in BSA funding decisions

Toby Boncey’s case note on Redrow v Secretary of State for Levelling Up, Housing and Communities [2024] EWCA Civ 651 considers the Court of Appeal’s approach (in the context of a judicial review of a decision made prior to the deed of bilateral contract) to the question of the steps applicants need to have taken before BSA funding could be approved.

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Hudson v Hathway [2022] EWCA Civ 1648

The Court of Appeal allowed the appeal, holding that a party claiming a subsequent increase in their equitable share as a result of a post-acquisition changed common intention must show detrimental reliance on the changed common intention. In this case there had been sufficient detrimental reliance.

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Lifting the cap - A case note on Lambeth LBC v Kelly [2022] UKUT 00290 (LC)

Statutory consultation requirements may be dispensed with after a determination under s.27A of the Landlord and Tenant Act 1985 (“the 1985 Act”) that service charges are payable only to the extent of the statutory cap.

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THE LEASEHOLD REFORM (REASONABLENESS OF SERVICE CHARGES) BILL

Jonathan Gaunt QC, Toby Boncey and Taylor Briggs have produced an article on the the Leasehold Reform (Reasonableness of Service Charges) Bill, which was introduced by Baroness Kennedy of Cradley in the House of Lords on 13 July 2022.

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Fourth Falcon Chambers Telecoms Newsletter

The intention of this newsletter – with each edition co-edited by two members of chambers, one who acts primarily for site providers and one who acts primarily for operators – is to provide insights three or four times a year into developments in the telecoms world of interest to solicitors, agents and surveyors.

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Kensquare Ltd v Boakye [2021] EWCA Civ 1725

The Court of Appeal has allowed an appeal against a decision of Judge Cooke in the Upper Tribunal on two of three grounds relating to the service and administration charges recoverable by Ms Boakye’s landlord, Kensquare Ltd. Paul Letman and Toby Boncey have written a short article on the case.

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Government’s response to the Law Commission’s review of the Land Registration Act 2002

Camilla Chorfi and Toby Boncey have produced a short note on the Government’s response to the Law Commission’s review of the Land Registration Act 2002.

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The Pubs Code in the spotlight - it is High (Court) time!

The Pubs Code in the spotlight - it is High (Court) time! (Part 1) L. & T. Review 2020, 24(5), 197-200 (Part 2) L. & T. Review 2020, 24(6), 228-232 (with Jonathan Karas QC and Adam Rosenthal QC and Toby Boncey). Parts one and two are available to download on Westlaw.

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E-Bundling Guidance for Remote Hearings

The court gave guidance on the preparation of electronic bundles for remote hearings in the Business and Property Court during the Covid-19 pandemic. Toby Boncey has provided a short note.

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The Pubs Code and the Crisis in the Hospitality Industry

Jonathan Karas Q.C., Adam Rosenthal Q.C. and Toby Boncey take stock of the Pubs Code and possible measures that might be taken in the wake of the Covid Crisis.

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A New Line of Attack?

A Masterclass in litigation under the new Electronic Communications Code (first published in NLJ July 2018)

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Article 8 defences to possession claims

Toby Boncey & Tricia Hemans

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