By Paul Moulder Everyone should note the latest changes brought by the Covid-19 Pandemic, being the new Practice Direction making an automatic stay of possession proceedings and proceedings to enforce possession by warrant or writ of possession. The Practice Direction is effective from 27 March 2020, and the text is below. 1. This practice direction...
You may be able to consult with a Barrister directly, without the need to first engage the services of a solicitor. The advantage is that for the right cases, you can save both time and considerable expense by going direct as you are only paying one lawyer instead of two. Contact our clerks today to...
LUKE TRIM Both family and civil practitioners will be familiar with claims under Tolata between ex-cohabitees who seek a declaration of the beneficial shares owned in a property. The approach to dealing with such applications was set out extensively in Stack v Dowden[1], and in many cases a great deal will turn upon the intention...
TLATA: Disputes relating to co-owners or co-occupiers Date: Thursday 10 October 2019 Time: 6.00-8.00 pm Place: The Hotel Novotel, Friar Street, Reading Cost: Free CPD: 1.5 points Our Guildford version of this event was oversubscribed with over 70 attendees, so get in early to secure you place. We had some great feedback from delegates: “Thank...
RIGHTS OF WAY Date: Thursday, 26 September, 2019 Time: 6.00-8.00 pm Place: The County Club, 158 High Street, Guildford Cost: Free CPD: 1.5 points Topics covered will include: Creation, express grant or reservation, prescription, section 62 LPA 1925. Construction of Express Grants. Abandonment and extinguishment of rights of way. Excessive User; user extending beyond the...
Registered Proprietors and Adverse Possession CHRISTOPHER McCAULEY In Parshall v Hackney [2013] EWCA Civ 1084 (an unusual case involving double registration) the Court of Appeal held that a registered proprietor cannot be in adverse possession of the property of which he is the registered proprietor. However, the recent case Mohammed Rashid v Farakh Rashid [2017]...
Rectification of the Land Register – An Introduction CHRISTOPHER McCAULEY Ahead of our upcoming seminar on Land Registration, Christopher McCauley has prepared this note as a brief introduction to the fundamentals of rectification of the...
By Paul Moulder To know a‘Veil’ Not infrequently in practice, one comes across the issue whether personal liability can supplement corporate liability. This issue was recently before the Privy Council in an illustrative case. Persad v Singh [2017] UKPC 32 (Judgment given on 30 October 2017) In order to ‘pierce the corporate veil’ the conditions...
Paul Moulder For those of you applying for a possession order for an Assured Shorthold Tenancy property, a new claim form has been issued for use as Form N5B (for property in Wales: N5B Wales). The form has been amended to include questions concerning the statutory changes brought about in ss21A and 21B of the...
By Christopher McCauley Re Amin; Abdulla v Whelan [2017] EWHC 605 (Ch); [2017] 1WLR 3318 The appeal of Abdulla v Whelan [2017] EWHC 605 (Ch) is an interesting case that addressed the question of whether a trustee in bankruptcy can disclaim a legal interest, in a jointly owned leasehold property, by serving a notice...
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