Introduction
Welcome to the June edition of Gatehouse Chambers' Property Newsletter. I am guest editing this month's newsletter while Laura Tweedy takes a well earned break. This is also my first week back from maternity leave and it's great to be hitting the ground running!
This month we have an article by Steven Woolf letting us into the secrets of enforcing injunctions against trespassers who really do not want to budge. We also have an article from John Beresford who analyses the decision in Chug v Dhaliwal [2023] EWHC 804 (Ch) which sets out some sage reminders for those of us dealing with commercial forfeiture.
And as ever, Lina Mattsson has very helpfully scooped up and summarised an interesting property decision from the last month, featuring our very own Jamal Demachkie.
Our 2-minute interview is with Michael Maris who tells us of a hobby of his that may take you by surprise!
Katrina Mather – Guest Editor
What have we been up to?
David Peachey has been all over the country visiting the High Court in Birmingham for a trial which settled at the last moment, Yorkshire for a mediation, and he will soon be making a trip to Derbyshire for a three-day Upper Tribunal case. Once that is done, he is looking forward to spending some time at home!
Katrina Mather has been handling a highly contentious beneficial owner claim along with a mix of property insolvency matters.
James Hall has been advising on some esoteric insurance and property issues relating to an escape of water that happened one day prior to exchange of contracts but where the transaction nonetheless completed; and on relief from forfeiture for mortgagees in relation to a complex leasehold title situation.
Jamal Demachkie has had a fun couple of weeks on the other side of the bench, sitting as a Chancery Recorder in Central London; but has also found the time for some advice on ownership of roofspace, option agreements, and a talk on 'Forfeiture & the FtT' to the PLA North with Monty Palfrey.
Adam Smith-Roberts has been (successfully) resisting an application to amend a defence to introduce allegations of dishonesty in a trusts-of-land dispute, dealing with multiple charging orders over land, advising on a professional negligence claim relating to the drafting of a will, and traversing the country for complicated possession hearings.
Daniel Gatty's month included hearings in a 1954 Act claim, about security for costs in a claim arising out of an option agreement, about breaches of a managing agent's contract and two hearings concerning charging orders. Hearings aside, he has been busy advising about various topics including an authorised guarantee agreement, rights of way, a trusts of land dispute and (alleged) solicitors' negligence.
Laura Tweedy had a fantastic time in the sun watching Elton at Glastonbury. What is this real life as a barrister and a mother she has returned to?
John de Waal KC is mediating 4 cases in 4 successive days in July.
William Golightly has been advising in respect of inadequate easements, dealing with capacity issues in injunctions and swotting up on the Tenancy Reform Bill.
Lina Mattsson has celebrated Swedish midsummer with traditional frog dancing and "nubbe". She has also managed to squeeze in injunctions, unlawful assignments, an AGA and a challenge to a charge follow a director going rogue.
Injunction Enforceable or Unenforceable That is the Question?
Back in the day a trespasser was someone who either entered someone else's land without permission and tended to be participating in a quite solitary pursuit which was likely to resolve itself as the trespasser moved on to other land or a neighbour seeking to increase the size of their holding by stealth. In more recent times trespassing has become a more dramatic and more determined endeavour.
Read the full article by Steven Woolf here.
Case summary: Chug v Dhaliwal [2023] EWHC 804 (Ch)
In Chug v Dhaliwal [2023] EWHC 804 (Ch) the High Court considered the circumstances in which a tenant is prevented from challenging the lawfulness of forfeiture of a lease by peaceable re-entry.
The decision also provides a helpful reminder of the principles relating to waiver of the right to forfeit and the validity of s.146 notices.
Click here to read the full summary by John Beresford.
Did you miss? Prescott Place Freeholder Ltd v Batin [2023] EWHC 1445 (Ch)
Following trial, Mr Justice Richards had to determine various consequential matters. The key question was whether an order made pursuant to s 19 of the Landlord and Tenant Act 1987 was in interest in land or created purely personal rights and obligations.
Read the full summary by Lina Mattsson here.
Events
Anatomy of a Land Dispute Conference and Book Launch
Location: Gatehouse Chambers
Date: Thursday 6 July 2023
Speakers: Brie Stevens-Hoare, Daniel Gatty, Emily Betts,
Lina Mattsson, Priya Gopal and Adam Smith-Roberts
The seminar will cover key procedural and tactical issues which will commonly arise in property disputes. Topics will include:
- The High Court, the County Court or the FtT – pros and con when deciding on the forum
- The evidence the trial judge will expect to see in a land dispute and where to find it
- Disclosure under DRD, including Less Complex Claim
- Witness statement following PD 57AC – best practice
- Evidencing losses in land disputes
- Expert evidence- instructions to an expert and tactics, including hot tubbing at trial
- Preparing for potential outcomes – plans and applications to Land Registry
The team will also be celebrating the launch of 'A Practical Guide to Easements, Restrictive Covenants and Rights of Way' by Priya Gopal, which was published by Law Brief Publishing in June.
2 minutes with Michael Maris
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
