Introduction
Welcome back to the newsletter after the summer. I hope it was a good one for you and you are energised for the new term.
There is a lot of change going on in property law, what with Renters' Rights Bill: Guide to the Renters' Rights Bill – GOV.UK (www.gov.uk), a couple of BSA appeals being heard by the Court of Appeal before Easter next year and many changes to leasehold/commonhold/freehold : Leasehold reform in England and Wales: What's happening and when? (parliament.uk). I am sure we will have lots of seminars, Brews and articles coming up to keep you entertained.
For now, we have a practical article on the Supreme Court's decision on newcomer injunctions in Wolverhampton v London Gypsies and Travellers by Gemma de Cordova and myself.
Date for your diary: 31 October 2024 marks the coming into force of section 114, 115, 116 and 120 of the Leasehold and Freehold Reform Act 2024. See SI 1018.
Editor – Laura Tweedy
What have we been up to?
Brie Stevens-Hoare KC is so deep in trial prep she has forgotten her brief holiday and BD trip to Cayman although she has not forgotten the various property transactional related professional negligence claims and the expert determination relating to an option of development land that she is also dealing with.
Steven Woolf came back from a lovely short break in Majorca to a Mediation in a boundary dispute, a beneficial interest trial and two quite challenging CCMC's. It feels like he never went away!!
Amongst other things, Daniel Gatty has been mediating in cases concerning (alleged) misrep in a house sale and conveyancing negligence in an off-plan purchase, and resisting an unusual application for a charging order over the purchaser's interest arising under an uncompleted sale contract.
Andrew Skelly has had a month dominated by boundaries and easements, advising and settling proceedings regarding the interpretation and scope of a right of way confirmed by the Upper Tribunal on appeal from the FTT; boundaries and drainage rights between three properties; a boundary dispute relating to commercial development land; and boundaries and interference with a right of way in a business park. Andrew has also enjoyed the brighter side of easements, grappling with rights of light and light obstruction notices.
Jamal Demachkie has had a relaxed Summer break interspersed with chaotic periods of work – lots of development disputes, valuation arguments, and a £1million+ fraudulent misrep trial which was 6 years in the making and then discontinued by the other side on Day 2 (after the cross examination of its director!)
Late in the summer, David Peachey was told he was appealing. Very flattering he thought – but it turns out it involved arguing a knotty point in a case he was not involved in at first instance. It's all about whether failure to serve a gas certificate on an Assured Shorthold Tenant can result in the tenant becoming an assured tenant. Watch this space for a judgment from HHJ Clarke, which promises an interesting take on Lord Justice Patten's cryptic treatise on pre-tenancy gas inspections in Trecarrell v Rouncefield.
Laura Tweedy just finished up in the Court of Appeal leading Jaysen Sharpe and Callum Reid-Hutchings. The case, Poplar v Kerr, is about suspended possession orders and whether they can be converted into outright orders using mandatory grounds for possession, following Manchester v Finn. It was a really fun. The preparation was not. She is delighted to have been recognised as a mediator in Legal 500, as well as counsel for Real Estate Litigation and Social Housing. Additionally, the Cayman Island trip seems worthwhile, having just been appointed to the Cayman Island Mediation Panel.
Lina Mattsson is getting ready for a month of back-to-back trials arguing about the construction of a contract for the sale of land, dilapidations and a landlord's measured duty of care. The summer building sandcastles on a beach feels like a distant memory already.
Mark O'Grady has successfully obtained permission to appeal to the Court of Appeal in relation to a second appeal brought on behalf of his client (Mr White) against the decision of Richards J in 29 Buckland Crescent Management Company Limited v Rojer Taylor White [2024] EWHC 1480 (Ch). The appeal is listed for a day at some stage before 10 October 2025.
Victoria Dacie-Lombardo returned from a lovely late summer break where she enjoyed lots of culture in Athens, followed by rather less culture (but lots of relaxation) on one of the Greek islands. Since her return she has been busy in and out of court, dealing with restrictive covenants, injunctions, nuisance and Rent Act tenancies.
Philip Marriott has had an interesting summer looking at Rent Repayment Orders for failure to licence an HMO, the correct interpretation of a lease for an interim dilapidations claim where the Schedule of Condition was incomplete, and advising on obtaining possession in a rent-to-rent arrangement.
News
The Legal 500
We are delighted to announce that Gatehouse Chambers continues to climb up in The Legal 500 rankings.
- 15 new entries across Property litigation, Commercial litigation, Company, Construction, Costs, Inquests and inquiries, Insolvency, Private wealth and probate, Professional negligence and Clinical negligence.
- 15 of our barristers moved upwards in the tables in Clinical negligence, Commercial litigation, Construction, Costs, Employment, Insolvency, Insurance and reinsurance, Personal injury, Professional negligence and Social housing.
We also improved our rankings as a set for Costs and Personal injury, and achieved a new set ranking for Private wealth and probate.
Our full rankings can be viewed on The Legal 500 page for Gatehouse Chambers.
Chambers and Partners UK
We are also thrilled to report positive changes to our rankings in the latest edition of the Chambers and Partners UK (Bar) Guide.
- 13 new entries across Construction: Professional Negligence, Fraud: Civil, Insurance, International Arbitration: Arbitrators, Mediators, Personal Injury: Animal Claims, Real Estate Litigation and Restructuring/Insolvency.
- 17 improvements to our barrister rankings in the areas of Clinical Negligence, Commercial Dispute Resolution, Construction, Construction: Professional Negligence, Employment, Insurance, Mediators, Personal Injury, Professional Negligence, Property Damage and Social Housing.
Our full rankings can be viewed on the Gatehouse Chambers page of the Chambers and Partners website.
We would like to thank all of our clients and referees for their support in achieving these excellent results.
Events
Bristol Business Development
Gatehouse Chambers' barristers and staff will be heading to Bristol on 13 November 2024.
Do get in touch if you or some of your colleagues will be there too and would like to meet up.
Are you new here? Granting injunctions against 'newcomers' — practical guidance from property litigators
Injunctions against newcomers in light of AIUL v Wainwright and Persons Unknown [2023] 5 WLUK 613 and Wolverhampton City Council and others v London Gypsies and Travellers and others [2023] UKSC 47
This is the third article in a 4-part series looking at the court's decision in AIUL v Wainwright and Persons Unknown [2023] 5 WLUK 613, in which an injunction was granted to prevent recurring acts of trespass; this article will consider the recent developments in newcomer injunctions and how that was dealt with in Upholland. The first two articles focussed on the flying of drones amounting to trespass to land; and methods of service when seeking injunctions against persons unknown.
Click here to read the full article by Laura Tweedy and Gemma de Cordova.
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.
