Introduction
Welcome to the penultimate property newsletter of the year 2022.
With less than three weeks to go before the Christmas break many of you may be busily beavering away trying to get your desk cleared before Christmas – I wish you luck as I join you in that mission!
We are looking forward to our new feature which will start in January, which will be a short podcast style interview kicking off in style, with our former editor, Carl Brewin Next month's newsletter will be a truncated version and will feature a guest editor, the fabulous and very funny, John Clargo (no pressure John), so if I don't see you at our Christmas Brew on 14 December 2022, I will see you in the New Year.
Anyone else have an elf appear in their house this morning!?
Laura Tweedy – Editor
Activity report – what have our team been up to?
James Hall has been dealing with some interesting equity release mortgage cases and has his usual slew of property-related prof neg matters, as well as enjoying his EDI role where (maybe) he gets to make a real difference!
William Golightly has had a busy month with possession claims, advising on agricultural worker tenancies and wrapping his head around the (finally to be introduced) Renting Homes (Wales) Act 2016, whilst squeezing in as many birthday parties as possible on turning 30.
Cameron Stocks has had a travel heavy month which involved obtaining summary judgment in a matter involving an alleged fraudulently signed AGA in Derby, resisting alleged mortgage fraud in Romford and resisting permission to appeal in the High Court in a long running boundary dispute in Christchurch. The month was topped off with a relief from forfeiture application in Liverpool which involved 49 defendants and 11 counsel (including Lina Mattson) attending for a 30-minute possession hearing.
Peter Petts has been dealing with the nuances of paying for occupation, or non-occupation, of property pending an application for relief from forfeiture, and the distinction between relief under s. 146(2) and vesting under s. 146(4).
Jamal Demachkie has had a busy month advising on options and easements. But the highlight has been a rare '54 Act lease renewal concerning rent payable under the new lease, with arguments on the perennial issue of whether the court should make an adjustment for an assumed fitting-out period (judgment is awaited).
Despite sometime in Cornwall Brie Stevens-Hoare KC has been busy appearing in front of many and varied courts – before a DJ and 5 Supreme Court Judges. She's been dealing with more Strata interests in Cayman, restrictive covenants, rental value in a 54 Act renewal and certification in commercial service charges. Brie swears variety is the spice of life so she's been enjoying it all.
Laura Tweedy has had a really interesting month nearly going to trial in a three day trusts of the family home matter involving TOLATA, validity of deeds, common intention constructive trusts and rectification. All settled last minute and she was disappointed not to stretch her cross-examination muscles but it was the right thing for the client, she supposes. She has also been advising and in trial on a number of harassment cases and has been uncovering the interesting world of property guardianship – apparently you can live in Marylebone for only a few hundred quid a month (and still not pay the rent of course)! Who wants the details?
In a month with a residential property disputes bent, Andrew Skelly was relieved finally to receive judgment in a boundary dispute trial in which the evidence concluded in May 2021 – that's right, 2021 – and where closing submissions were made in October 2021 – yes, still 2021. Another long-running boundary dispute, which one party thought they had conceded pre-action, was finally settled at an on-site, round table WP meeting. Andrew also finished a remote trial in an adverse possession claim, in a case which it had been thought was settled at mediation in 2019, but the terms of which were "subject to contract" (and, almost inevitably, there was subsequently no contract!). Finally, Andrew successfully resisted an application to vary the terms of the schedule to a Tomlin Order by which the parties had settled a ToLATA matter.
Lina Mattsson has had a month of advising on dilapidations of a skateboard park, overage clauses and dealing with various acrimonious boundary disputes, including committal proceedings involving allegations of arson of the neighbours' fence. She will soon disappear into a black hole of three back-to-back trials ending on 22 December. Should get Lina into the Christmas spirit!
Rights of way and trusts of land have been the dominant themes in Daniel Gatty's practice over the last month, but interspersed with a healthy dose of forfeiture, professional (solicitors') liability and mortgages, amongst other things that are harder to encapsulate in a word or two.
Events
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.
– 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.
Christmas Brew
Our Property Team will be hosting their Christmas Brew, 'Santa's Seasonal Sins' on the 14th December 2022. Details will be announced in due course. To register your interest, please email 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.
Practice Direction 57AD
On 1 October 2022 the previously known 'Disclosure Pilot Scheme' in Practice Direction 51U ("the Pilot Scheme") took effect permanently (in substantially the same form) as new Practice Direction 57AD ("PD 57AD").
Emily Betts sets out some tips to assist with navigating PD 57AD to your best advantage:
Read the full article here.
Did you see? You may have missed...
Dorrington Residential Ltd v 56 Clifton Gardens Ltd [2022] UKUT 266 (LC)
Jamal Demachkie led Lina Mattsson in the Upper Tribunal.
Read Lina Mattsson's case summary here.
Awards
We are delighted to announce that Laura Tweedy has been awarded the 2022 Client Choice Award by Lexology.
Client Choice recognises individuals that stand out for their excellent client care and quality of service. Lawyers are nominated only by corporate counsel, and this year's winners were chosen from a pool of more than 2,000 individual client assessments.
This is the second year Laura has won the award. Many congratulations to her.
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.
