Andy Creer has been trawling through the CPR (during adjournments) trying to persuade a trial judge that, where a Claimant tenders no evidence, it cannot then in closing seek to refer to disclosure in the bundle as, save for documents exhibited to a statement of case, there is no evidence before the Court. The decision has potential ramifications for the preparation of witness statements and trial bundles. She will keep you posted!
Daniel Gatty spent much of March representing a well-known bank in a trial concerning mortgages, trusts and overriding interests. He also found time to advise about such diverse topics as restrictive covenants affecting an industrial estate and whether an unusually large deposit might be recoverable as a penalty.
Lina Mattsson is in the High Court with Lesley Anderson QC this month arguing about the jurisdiction of the FTT to transfer cases to the County Court and undue influence. She is also advising on Rent Act tenancies and on three different property developments done wrong.
This month Amanda Eilledge has had a mix of boundary disputes and TOLATA claims; with the construction of the special conditions in a contract of sale thrown in for light relief.
John de Waal QC is dealing with the usual mix of dilapidations claims, issues around cladding and problems with purchasers who don’t want to complete their contracts.
Jamal Demachkie has had a busy month, with a trial arguing the age-old lease vs licence distinction, and two trials seeking to forfeit long leases. He has also been advising on restrictive covenants and prescriptive easements on a two large (proposed) developments.
Brie Stevens-Hoare QC has emerged from nearly a month in trial dealing with knowing receipt and is very much looking forward to the easements, options and restrictive covenants that are awaiting her. Sad but so true.
A mixed March for Simon Allison – defending trespass by adverse possession, advising on the proper construction of a holiday park lease, considering the impact of listed building status on reliance on ground (f), preparing for a forfeiture trial which was adjourned on the day, and dealing with further cladding replacement issues formed some of the highlights.
Steven Woolf secured three more years injunctive protection against trespass and fly-tipping for the Green Spaces of another London Borough as well as preserving a long lease against an aggressive landlord.
Déjà vu for Andrew Skelly. Two trials adjourned off a day or two before the listed dates, due to lack of a judge. Then he found himself once more marvelling at the Courts’ continuing inability to allocate sufficient time to deserving cases, when a summary judgment application (on a £2m claim) with a five-hour time estimate was listed for four hours. On reviewing the file, on the morning of the hearing, however, the judge decided that the hearing would require two days, and promptly adjourned it off.
Rupert Higgins has been ejecting some squatters who used the Easter weekend to move into a restaurant in the West End which was in the middle of being fitted out.
Having bumped back to reality after MIPIM, Katrina Mather has had a steady run of trials, possession and forfeiture hearings and advisory work. She has particularly enjoyed her successful trial regarding variation of a lease and getting her teeth stuck into a number of restrictive covenant matters.
In addition to the usual diet of pubs as far afield as Truro, Newport (IofW), Great Yarmouth and Yeovil, Monty Palfrey had a good result in a Major Works case in which, following the service of a Statement of Case on behalf of his client, the local authority landlord withdrew its free standing application for dispensation made after an earlier finding that the original s.20 consultation notice had not been served.
Alastair Redpath-Stevens has been advising on matters relating to leasehold enfranchisement, lease construction and parking rights, service and administration charges, as well as responding successfully to an appeal in relation to the construction and application of section 56(3) of the Leasehold Reform, Housing and Urban Development Act 1993.