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...
Guildford Chambers’ practice areas include Chancery and employment matters, but the set has notable strength in family law, where the barristers are ‘very experienced’ in private and public law relating to children as well as TOLATA claims. Senior clerk Simon Morris and first junior Gavin Street are ‘very efficient and take the time to make...
By Christopher McCauley Dickinson v Casillas [2017] EWCA Civ 1254 The Background The parties are neighbours and have title to the freehold of their respective properties. The flank wall of the Mrs Casillas’ property is built along the boundary line with Mrs Dickinson’s property and the gas and electricity metres for Mrs Casillas’ property...
By Christopher McCauley Wodzicki v Wodzicki [2017] EWCA Civ 95 The Background The appellant and her children had, since its purchase in 1988, exclusively occupied a house (‘the property’) that was registered in joint names of appellant’s father (‘the father’) and his second wife. The father visited the property but never stayed there and the...
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...
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...
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