Speakers' Corner

Some practical tips on the rules of evidence in the context of property litigation and the pitfalls to avoid.

Anthony Tanney and Cecily Crampin consider how Brexit will affect the UK property market, and in particular how buyers can escape contracts for sale.

Tom Morris analyses and discusses the law of sewers and drains by reference to the law of easements and the statutes relating to sewerage.

In Reedbase v Fattal [2018] EWCA 840, an important decision for landlords and their advisers, the Court of Appeal explained how and when a landlord would need to repeat its statutory consultation if the works carried out changed from the original programme consulted on.

The answer to the question who owns the airspace above a building or the subsoil below is usually clear cut in relation to freehold land but often less clear in the case of leaseholds.

In this paper, Nic Taggart reviews the basic principles of partnership law as they relate to partners holding real estate as partnership property. 

Ever since the tragic Grenfell fire, landlords of high-rise apartment blocks have understandably been quick to address potential fire risks that affect their buildings.

The case of Rotrust Nominees Ltd v Hautford Ltd confirms that there is no general proposition that a landlord will be entitled to refuse consent to assign, or alter, or change the planning use of the demised premises on grounds of feared enfranchisement and the consequent loss of the landlord’s interest under the Leasehold Reform Act 1967.

The importance of alternative dispute resolution in modern day practice cannot be overstated. The means by which the courts have incentivised ADR is twofold; being both direct and indirect. The direct means is by penalising parties who have shown a failure to have due regard to ADR through the litigious process. The indirect method is by reducing recoverable costs such that even victory comes at a cost.

Guy Fetherstonhaugh QC, Falcon Chambers