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...

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...

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...