Introduction
Welcome back after the summer break, and what a summer it was! We had to contend with the ups and downs of Westminster politics, energy costs and the sad passing of Queen Elizabeth II but at least we got some warm and sunny weather for once. What a distant memory that is! We hope you managed to get a break and wonder whether you also feel like Michaelmas term is back with a bang?
We would like to welcome Clare Anslow back after her maternity leave and congratulate Thomas Mitty on tenancy after successful completion of his pupillage. We're also welcoming Victoria Dacie-Lombardo and Philip Marriott who are starting their pupillages with us – we'll let you know once they're on their feet and open for bookings!
We recently had the chance to celebrate Jamal Demachkie winning Property and Housing Junior of the Year at the Legal 500 Bar Awards! Well done to Jamal for winning this award not once, but twice! Click here for a video from the evening and to see how Jamal, James Duncan-Hartill and Patrick Sarson celebrated.
Without further ado, welcome to the "under-construction" Michaelmas term newsletter from me, Laura Tweedy, the new editor, and the whole team here at Gatehouse Chambers. We would like to extend our heartfelt thanks to Carl Brewin for his excellent editorship of our newsletter over the past three years. I have some big shoes to fill but will try my best to bring you a legally relevant and, hopefully, interesting, newsletter each month. I didn't want to totally copy Carl's style, despite the general encouragement for barristers to plagiarise, so to that end we are making some changes to the content and we would like your help. Do you have anything you'd like us to tell you about each month? Is there anything you don't really want to see, or anything you really do? Please get in touch with me and let me know (laura.tweedy@gatehouselaw.co.uk).
Laura Tweedy – Editor
Activity report – what have our team been up to?
James Hall has been dealing with multiple claims for secured lenders against monitoring surveyors on developments, and has had three mediations in fairly quick succession – including two in person, which was a nice return to some sort of normality. Also, he helped another lender to successfully persuade the Land Registry to exercise its apparently little-used power under r114 LRR 2003 to 'accept and act upon any other proof of satisfaction of a charge that [it] may regard as sufficient' in a case involving applicable law in relation to a charge over English property granted in error to a Swiss trustee company which had been dissolved when it should have been granted to a Caribbean trustee instead!
John de Waal KC is feeling slightly strange about his change in status from QC to KC. He has been working on a complex rights of way case in the Bahamas which definitely requires a site view!
Clare Anslow returned from 9 months of parental leave over the summer and was dismayed to find some of her cases still waiting for trial. Clare has enjoyed getting back to court in person where she actually gets to speak to people rather than the disembodied voices over the phone that was the norm last year. Clare has been working on a long running boundary dispute, breaches of a mediation agreement and a handful of commercial possession cases.
Since returning from a holiday in the Pacific North West during August, Daniel Gatty's time has been spent mediating over a break clause in a commercial lease and advising and litigating over restrictive covenants, easements, forfeiture of a commercial lease, renewal of business leases and conveyancing (alleged) negligence. The gamut of property law, really.
Jamal Demachkie has spent the last month arguing boundaries, covenants and 54 Act renewals, with a smattering of forfeitures thrown in for good measure. He also managed to pick up a little award...
Steven Woolf returned from his break straight into two TOLATA trials, but the most interesting and rewarding day was spent on a judge led Settlement meeting of a multi-million pound property dispute involving a freehold and 9 leasehold units. The judge was extremely good and a case that looked as if it was heading for trial was settled after a lot of hard work by all concerned. Having done countless mediations, this was my first experience of this type of ADR and I must say I thought it was excellent. The judge took the lead, expected and demanded more of the parties and was far more in control of the process than a mediator. From this initial experience, I anticipate much more of this type of ADR in the future.
Carl Brewin enjoyed his summer at a traditional Italian Trullo, bettered (?) only by his recent stay at the "Purple Palace", aka Premier Inn, for a trial on a boundary and neighbour dispute. A jaunt to Manchester for in person argument about the Commercial Rent (Coronavirus) Act 2022 too, travel is Trulli back. (Ed – you can see why he's no longer the newsletter editor)
Lina Mattsson has had a busy start to the new term, including a surprising outcome after a 4- day hard fought boundary dispute in which the judge refused to decide the position of the boundary. And Lina who thought that was the judge's job...? Lina has also been in the Upper Tribunal led by Jamal Demachkie and has argued about various Party Walls and easements.
Andrew Skelly has been dealing with all things adverse possession: one trial where the clients claimed to have acquired title to the roadway verge (judgment awaited); another claim referred to the First-tier Tribunal where the clients seek first registration of the roadway, and the other side claim title to the verge by adverse possession; a trial in the Tribunal where the client claims to have acquired title to land by adverse possession before it was registered; and advising in a case where the client claims title to a narrow strip of land, having moved a fence.
Brie's month has been extremely busy and full of battles. She's been very involved with boundary disputes of various types, on developments and between warring neighbour, over land and water. She had a good dose challenges to both contracts and deeds based various on proper construction, rectification for mistake as well as incapacity and/or undue influence. For something a little different she enjoyed that rare event a fully contested rent issue on a '54 renewal including that old chestnut how to treat rent free periods, particularly in relation to the available comparable evidence. And now she is heading off for a couple of weeks in Cornwall, walking on beaches and throwing...a pot or three.
Awards and legal directories
In addition to Jamal's win at the Legal 500 awards, we celebrated another year of fantastic results in the Chambers UK Bar Guide and The Legal 500 Guide.
The Legal 500 Guide says:
- "Gatehouse have very good strength in depth in property litigation and a range of options. They are the most user friendly set I work with and counsel are happy to work flexibly and in a more modern fashion."
- "Gatehouse offers a service which is second to none at the property bar."
- "Gatehouse is very good in terms of availability of counsel and being able to offer a wide array of experiences. They offer a junior webinar programme as well as regular "Brews", which have been very well received during the pandemic."
- "They are a set which is ever growing and changing. They adapted quickly to the changing landscape over the last few years, with their move to new offices and change of name bringing upon a new ethos and showing their willingness to evolve."
The Chambers & Partners Guide says:
- "Proactive and easy to contact and work with."
- "The clerking is the best in the business. James Duncan-Hartill, Practice Director, and Patrick Sarson, Senior Practice Manager, are the best clerks I have come across."
- "They are personable, understand our difficulties, and therefore make for an excellent point of contact for the set."
Many thanks to all of our referees for their kind feedback.
Chambers UK Bar Awards
John de Waal KC has been shortlisted for Real Estate Silk of the Year at this year's awards. Many congratulations to him!
British Legal Awards
We are also pleased to announce that we have been shortlisted in the category of Chambers of the Year at this year's British Legal Awards. The winners will be announced in November.
Events - online and in person!
J2J 'Laying the Foundations' Webinar Series
Gatehouse Chambers' Junior Property Team continue their J2J webinar programme. These interactive online sessions are aimed at junior lawyers wishing to build up their knowledge of some of the issues that come up regularly in practice and more senior practitioners looking for a refresher. All of the webinars will take place via Zoom. Delegates can pick and choose which webinars they would like to attend, or register for all of them by getting in touch.
– 09 Nov 2022, 12:00 pm – 12:45 pm -"Everybody needs good neighbours": Easements, Restrictive Covenants and Rights of Way
– 06 Dec 2022, 12:00 pm – 12:45 pm – Trusts of Land and Orders for Sale
– 18 Jan 2023, 12:00 pm – 12:45 pm – Enforcement: Planning and HMOs
– 01 Feb 2023, 12:00 pm – 12:45 pm – The Land Register – Is it Conclusive?
Click here to download the full programme. Please contact our events team if you would like to attend any of these webinars.
Property Conference 2022
Places will be offered on a first-come, first served basis. Please register your interest by emailing events@gatehouselaw.co.uk.
Gatehouse Chambers on Demand
You can catch up on our previous webinars and Brews by visiting the insights page on our website.
Possession Orders, Appeals and Stays of Execution
Jamal Demachkie considers what happens if a landlord succeeds with its claim at first instance and is granted a possession order, but the tenant subsequently appeals, and who should suffer the prejudice consequent upon an appeal in such circumstances.
Read the full article here.
Fish, chips and nuisance please
Kort Egan examines the case of Diana Effie Elliott Ray v Windrush Riverside Properties Limited [2022] EWHC 2210 (TCC). An interesting case study of the law concerning private nuisance.
Read the full article here.
Did you see? You may have missed...
Mr Hafiz Mohammad Aslam v Mr Abdul Rehman [2022] UKUT 251 (LC)
Exchange of contracts – Agency – Land Registration
Read Lina Mattsson's case summary here.
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.
