Guildford Chambers offices will be closed for the Christmas period from 4 pm on Friday 23rd December 2016 and will re-open at 8.30 am on Tuesday 3rd January 2017. We will be open from 9 am to 11 am on 29th & 30th December 2016. Outside of these hours, you can contact the clerks in...
The concept of adverse possession can be a difficult legal area to grasp, at first glance seemingly giving priority to squatters’ rights over those of the legal landowner. The Land Registration Act 2002, which came into force on 13th October 2003, introduced a number of changes to UK land law, including the rules governing adverse...
By Paul Moulder As from 1 December 2016 All those acting for Landlords of Assured Tenants (or Assured Tenants) should note that, by Statutory Instrument, a new prescribed form has been specified for use from 1 December 2016. See The Assured Tenancies and Agricultural Occupancies (Forms)(England) (Amendment No. 2) Regulations 2016 and the Schedule to...
Land ownership and boundary disputes can result in lengthy and expensive legal action, often with emotions running high over even the smallest areas of land. If you live in England or Wales, determining the owner of a particular piece of land can be contentious, as there is usually no record of exact boundaries or who...
By Paul Moulder Cardiff County Council v Lee [2016] EWCA Civ 1034 If a Landlord has the benefit of a ‘suspended’ possession order, and it is breached, can it go straight for a Warrant of Possession, simply on application? The Court of Appeal has confirmed that a further permission step will now be required to...
By Matthew Pascall, Barrister, Guildford Chambers The Uber decision has not made new law and is highly fact-sensitive; Businesses need to be sure they understand the consequences of the arrangements they have with casual staff; Individuals working in the “Gig Economy” should not assume that they have signed away their employment rights on the basis...
Conveyancers acting for sellers need to be on their guard By Jonathan Lester Following the decision in Purrunsing v A’Court & anor. 2016, the fiduciary duties owed to a buyer of property are the same for the seller’s conveyancers as they are for the buyer’s. Introduction If all goes well in a typical conveyancing transaction,...
CPR Rule 45.43 The Aarhus Convention By Matthew Pascall, Barrister, Guildford Chambers In claims for Judicial Review arising out of planning issues, caps on the parties’ liability to pay and recover costs can be imposed under the terms of CPR Rule 45.43, which gives effect to the Aarhus Convention. CPR Rule 45.43 and its accompanying...
A Short Briefing Note By Matthew Pascall, Barrister, Guildford Chambers Ordinarily one would assume that obligations and duties in relation to pension schemes that form part of or are related to contracts of employment would be caught by the TUPE Regulations and pass from transferor to transferee on a transfer of an undertaking. In fact,...
What should a motorist do when stopped by the Police and asked for a road-side breath test? There are a number of options open to the motorist but not all of them are the correct way to conduct the proceedings. 1. The motorist can refuse to take the road-side breath test which will automatically lead...
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