Articles

Challenging a breathing space moratorium: West One Loan Limited v Salih

Challenging a breathing space moratorium: West One Loan Limited v Salih

• Thomas Rothwell

A New Line of Attack?

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

• Stephanie Tozer KC

Trespassers and Human Rights - Where are we now?

Those who act for private sector landlords in residential possession proceedings will be familiar with the decision of the Supreme Court in McDonald v McDonald [2017] AC 273, which was argued successfully by Stephen Jourdan QC and Ciara Fairly of Falcon Chambers.

• Gavin Bennison

Priorities of Interests in Registered Land

How to protect an interest on the Register of Title. The rules under Land Registration Act 2002 (LRA 2002) governing the priority of such proprietary interests (13 October 2003). The methods of altering the priorities of interests.

• Kester Lees KC

Adverse Possession

How long must be the "reasonable belief" last?

• Kester Lees KC

Common law advocacy in international arbitrations

An expanded version of Derek Wood's contribution to a panel discussion at the CIArb's conference in Paris, December 2017

Case Law Kaleidoscope

A selection of property cases decided in 2017 ranging across the piste of property litigation, with decisions on the 1954 Act, statutory notices, easements, restrictive covenants, development agreements, injunctions protecting property rights and strata title.

• Guy Fetherstonhaugh KC

Lessons to be learnt from M&S

Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited [2015] UKSC 72 is set to be the leading authority on (i) the law of implied terms, (ii) the operation of break clauses, and (iii) apportionment of rent payable in advance, for some time to come.

• Kester Lees KC

New World Occupiers and Market Disruptors

The Digital Age in the property world

• Wayne Clark KC

The Landlord’s intention under the 1954 Act

A paper given to the PLA in Manchester

• Philip Sissons

Cherry Picking

The Effect of Extrinsic Evidence on the Interpretation of Registered Documents

• Tamsin Cox

Ups and Downs of Demises

Airspace; Leases; Subsoils; Subterranean space. Article first published in L&T Review.

• Janet Bignell KC

Renewing a business lease

A step-by-step practical guide

• Stephanie Tozer KC

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

• Tricia Hemans

The Rights of Light Act 1959

A fiction too far?

• Janet Bignell KC

Index Conference March 2016

Navigating uncharted procedural waters: dealing with un-cooperative parties, natural justice, privilege and other procedural problems

• Nathaniel Duckworth KC

Lending decisions - impact on professional negligence claims

In this article, Stephanie Tozer explores the judge’s criticisms of a lending decision in the recent case of Governors and Company of the Bank of Ireland v Watts Group plc [2017] EWHC 1667, and the effect of the decision.

• Stephanie Tozer KC

The New Electronic Communications Code clarified

The Upper Tribunal has recently provided helpful clarification of the workings of several aspects of the new Electronic Communications Code (“the Code”) introduced by the Digital Economy Act 2017, which came into force on 28 December 2017.

• Greville Healey

Break Notices - White Paper Conference October 2016

• Guy Fetherstonhaugh KC

Valuation issues in terminal dilapidations

Some thoughts on the legal aspects of the valuation conundrums.

• Martin Dray

Restrictive Covenants & Injunctions

How to understand the former and avoid the latter

• Nathaniel Duckworth KC

Civil Procedure Update, July 2017

Phil Sissons considers the following topical issues: The Business and Property Courts; No relief from Mitchell; A new protocol for debt claims; and Costs on the small claims track

• Philip Sissons

Ineos v Persons Unknown

Fracking and quia timet injunctions

• Janet Bignell KC

The misty world behind Land Registration

For Land Registration, the misty world of what one sometimes might wish to describe as reality, should be of limited effect. Despite the aims of the Land Registration Act 2002, however, difficult cases remain. First published in Central London Lawyer.

• Cecily Crampin

Law Commission Land Registration Consultation

Charles Harpum's response to the Law Commission Consultation

• Charles Harpum KC (Hon)

Interpretation of Contracts

First delivered at the Global Law Summit, London February 2015.

• Timothy Fancourt QC

Communications Breakdown

What has the new Electronic Communications Code got in store?

• Oliver Radley-Gardner KC

The rise and rise of arbitration

An in-depth look at the changing face of litigation

• Guy Fetherstonhaugh KC

The Proposed Electronic Communications Code

An overview and a look at some of the likely issues

• Oliver Radley-Gardner KC

HS2 - Impact on affected Mineral Owners/Occupiers

Discussion of High Speed Rail (London - West Midland)Act 2017,The Minerals Code, What are "minerals" for purposes of the Act. Valuation of minerals and land containing minerals.

• Barry Denyer-Green

What is a Mineral?

Jonathan Gaunt QC explains the origins of Mineral Rights

• Jonathan Gaunt KC

Wells v Devani

Supreme Court ruling reinforcing oral agreements. First published on Lexis online.

• Tricia Hemans

Dealing with breach of contract

Dealing with a breach of contract. What are the options for the innocent party when the contract is broken? Can they walk away from the deal, when and how?

• Philip Sissons

Legal Issues In Arbitrations

When and how to lake legal advice. A paper for Rural Arbrix Conference, October 2015

• Stephen Jourdan KC

Adverse Possession

A paper given to the PLA in Manchester.

• Martin Dray