Tricia Hemans and Daniel Black pen an article for the New Law Journal on common law nuisance
In an article for the New Law Journal titled "Child's play?", Tricia Hemans & Daniel Black consider common law nuisance and an interesting High Court decision on noise from a nursery.
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Undue Influence in the Hybrid/Partial Surety Case Waller-Edwards v One Savings Bank Plc [2023] EWHC 2386 (Ch)
In Waller-Edwards v One Savings Bank Plc [2023] EWHC 2386 (Ch) the High Court considered the previously undecided point of whether a lender will be fixed with constructive notice of undue influence, rendering a charge vulnerable to being set aside, in circumstances where only part of a mortgage loan is provided for the sole benefit of one of two borrowers in a non-commercial relationship. This is an article by Tricia Hemans, a version of which was originally published by Lexis Nexis.
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A practitioners’ guide to the intermediate track
Tricia Hemans and Daniel Black take an in-depth and practical look at the intermediate track, covering the four bands, costs, and questions that are yet to be answered, in an article for the New Law Journal.
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Playing second fiddle?
Priority in mortgage receivership: Cecily Crampin, Tricia Hemans & Imogen Dodds examine distribution of funds & multiple receivers
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Going Public - Use of streets for Electronic Communications Apparatus
This short paper is intended to draw attention to the lesser-litigated parts of the Code that follow behind Part 6 of the Code, with a focus on Street Work Regime in Part 8. Written by Oliver Radley-Gardner QC and Tricia Hemans
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A new Lease of life
Cecily Crampin & Tricia Hemans investigate reviving disclaimed property.
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Mortgage Claims by Assignee Mortgagees: Evidencing the Right to the Mortgagee’s Remedies
Cecily Crampin and Tricia Hemans on proving assignment of a mortgage and the assignee’s remedies as mortgagee.
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Remote Execution – Recent Law Society Guidance
In the wake of the Covid-19 pandemic, the Law Society has issued guidance in relation to virtual execution of documents and the use of e-signatures. The following note from Tricia Hemans highlights that the current pandemic and subsequent social distancing rules and the lockdown have placed an increased focus on the ability to conduct non-face to face transactional closings, as traditional processes are unable to continue.
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Duval v 11-13 Randolph Crescent Ltd [2020] UKSC 18: a change in the balance of power?
Cecily Crampin and Tricia Hemans give a short summary on the Duval decision and discuss the respective positions of landlord and leaseholder bound by it.
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Coping with Remote Hearings
The Honourable Justice Clyde Croft and Tricia Hemans consider some of the challenges for practitioners dealing with remote hearings and practical ways to overcome them.
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Witnessing Deeds in the age of Social Distancing
Tricia Hemans on witnessing deeds in the age of social distancing.
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The right to manage - when procedural slips are non-fatal (Lexham House RTM Company Ltd v European Investments & Development (Properties) Ltd)
Property disputes analysis: Tricia Hemans examines an Upper Tribunal (UT) decision that when the appellant served the respondent freeholder of a block of flats with notice of its intention to acquire the right to manage the property it did not need, in order to comply with section 79(6) of the Commonhold and Leasehold Reform Act 2002 (CLRA 2002), to also serve notice on a second landlord of part of the property, which would not be affected by the appellant’s acquisition of the right.
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On the Receiving end
Receivers and possession, Cecily Crampin and Tricia Hemans suggest looking past the agency device. This article was first published in the New Law Journal on 22nd March 2019.
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Wells v Devani
Supreme Court ruling reinforcing oral agreements. First published on Lexis online.
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Whose agent are you anyway?
Tricia Hemans and Roisin McGlinn (an associate solicitor at TLT LLP) consider common arguments raised by borrowers against LPA Receivers
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Elim Court RTM Company Ltd v Avon Freeholds Ltd [2017] EWCA Civ 89
- New Court of Appeal Decision on compliance with Right to Manage statutory provisions under the Commonhold and Leasehold Reform Act 2002 - Non-compliance with the notice provisions is not fatal to the claim: not every defect, however trivial, invalidates a statutory notice
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Article 8 defences to possession claims
Toby Boncey & Tricia Hemans
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