Latest Chambers News to 30th June 2014
- Adverse Possession & Illegality
Jonathan Karas QC appeared in the appeal in Best v The Chief Land Registrar & Anor [2014] EWHC 1370 (Admin) (now on appeal to the Court of Appeal), on the question of whether a squatter could rely on acts of possession which were criminal offences, in this case the new offence of residential squatting introduced by section 144(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012
- Wayleaves
Barry Denyer-Green has appeared in two cases in the Lands Tribunal of Northern Ireland this week seeking to reverse the decision of the electricity authority that compensation should not be paid on the grant of necessary wayleaves.
- Service Charges
Edward Peters has appeared for the successful Appellant landlord in the recent Upper Tribunal decision in Daejan Properties Ltd v Griffin & Anor [2014] UKUT 206. The appeal considered an important issue in relation to landlord’s repairs funded by tenants’ service charge: to what extent can tenants argue that significant repair costs would have been lower, had cyclical repairs been carried out (also known as the “historic neglect” problem)?
- Rights of Way and Rights to Park
Tamsin Cox recently appeared for the successful party in Begley v Taylor [2014] EWHC 1180 (Ch), a Chancery trial in the High Court. This was a claim relating to the establishment of and interference with rights of way and rights to park in a privately-owned roadway. The case attracted newspaper attention:
http://www.dailymail.co.uk/news/article-2612615/Rip-Neighbours-win-legal-battle-against-couple-build-giant-patio-road.html
Jonathan Gaunt QC appeared Wood & Anor v Waddington [2014] EWHC 1358 (Ch), a case concerning rights of way, which considered in detail the rules relating to the creation of, and interference with, easements. Of particular interest is the discussion by the Court of section 62 of the Law of Property Act 1925, and the consideration given to the need for prior diversity of occupation in order for that section to operate.
- Mortgages
Gary Cowen appeared in the recent decision In the matter of Black Ant Co Limited [2014] EWHC 1161 (Ch). The case is important as it is the first direct consideration of the meaning of “further advances” in relation to loan facilities secured by mortgages.
- Party Walls
Jonathan Gaunt QC appeared for the successful appellant in Dillard v F&C Commercial Property Holdings Ltd [2014] EWHC 1219 (QB). The case concerned the meaning and effect of a deed intended to regulate disputes in relation a party wall, and also considered the distinction between an appeal properly so-called and a challenge to an award made without jurisdiction.
- Leasehold Enfranchisement
Gary Cowen appeared for the successful lessees in 5 Wetherby Gardens Freehold Limited v Transworld Co Limited LON/00AW/OCE/2013/0142 (2nd June 2014), a high value collective enfranchisement claim where the landlord sought an additional £5m premium on account of development value. The Tribunal’s decision in the sum of a little over £2.3m largely supported the views of the lessees’ expert who valued the premium at £2.2m compared with the landlord’s £8.5m. Nothing was added on account of development value.
Gary Cowen also appeared in Baxter v Halliard Property Company EG/LON/OOBF/OLR/13/1693 (9th June 2014), and successfully argued for the Sportelli deferment rate in this non-PCL case (the property was in Sutton). The lessee’s contention for a 7% rate was rejected.
- Consent to Alterations
Adam Rosenthal appeared in Mount Eden Land Limited v Bolsover Investments Limited (LTL/23/06/14), a permission decision in the High Court about the practically important question of when a landlord can reasonably withhold consent to alterations. In that case, the alterations would have converted the building into flats and rendered it liable to enfranchisement. It was decided that the prospect of qualifying leases being granted was speculative. Furthermore, older cases (in which consent would have conferred a right to enfranchise under the Leasehold Reform Act 1967) were distinguishable as landlords in those cases might not receive fair compensation.
- Appointment of a Manager
Adam Rosenthal acted for the successful lessees in the First Tier Tribunal in relation to the appointment of a manager and receiver under Part II of the Landlord and Tenant Act 1987 in respect of The Grand in Folkestone, in Olliver v. Hallam Estates Limited (CHI/29UL/LAM/2013/0019).
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