Speakers' Corner

In 2018 the Ministry of Communities and Local Government conducted a consultation to establish the effectiveness of the powers of the police and local authorities in relation to unauthorised developments and encampments. The response to that consultation signalled clear calls for the Government to improve enforcement against unauthorised encampments. In response, the Government announced that police powers to direct people away from unauthorised sites (under sections 61 and 62 of the Criminal Justice and Public Order Act) would be amended, by lowering the criteria that must be met before the police can direct people away. The consultation also highlighted calls to criminalise unauthorised encampments. The PLA responded to that consultation and the clear message from our members was that the police seemed unwilling to exercise their powers even when entitled to do so.

Bryan Johnston looks at alternative dispute resolution and the procedural and administrative hurdles in the way of pursuing dilapidations claims in the courts.

Andrew Skelly considers fencing easements and covenants with particular focus on Churston Golf Club Ltd v Haddock.

Stephen Jourdan QC reflects how CVAs are likely to develop in light of Norris J’s recent decision on the Debenhams CVA.

Charlotte Tyfield provides practical guidance on the steps landowners can take to protect themselves from trespassers including Interim Possession Orders, High Court trespasser actions and Injunctions.

In May 2019, the requisite majority of the creditors of Debenhams Retail Ltd voted in favour of a company voluntary arrangement (“CVA”) proposed pursuant to s.1 of the Insolvency Act 1986. As has become common, the scheme of arrangement proposed by the CVA only affected the rights of landlords and rating authorities. All other creditors were to be paid in full.

John Clargo considers differing approaches in two cases in which the FTT was asked to express its views on the quantified extent of a beneficial interest under a trust of land following a determination (following a reference from the registrar) that an applicant had successfully established an entitlement to a restriction based on a beneficial interest under a trust of land and the UT’s resolution of the difference between them.

Alastair Redpath-Stevens of Hardwicke considers HHJ Huskinson’s decision in Stemp and anor v 6 Ladbroke Gardens Management Ltd. This was an appeal to the Upper Tribunal from a decision of the First-tier Tribunal Property Chamber (Residential Property) that the Stemps should pay an administration charge in relation to costs incurred by the respondent in contemplation of proceedings under section 146 of the Law of Property Act 1925.

Joanne Wicks QC and Benjamin Faulkner of Wilberforce Chambers recently acted for the successful tenant in S Franses Ltd v The Cavendish Hotel, arguably the most important landlord and tenant case for decades. In this article, Joanne and Ben summarise the facts of this case, what it means for the operation of ground (f) and the implications of the Supreme Court’s decision on future cases.

Miriam Seitler discusses applications for interim agreements under the Electronic Communications Code and the approach taken by the tribunal in this regard in recent cases.