News and Articles

Papers presented at the Property Litigation Association Autumn Training at The Royal Society of Medicine on Wednesday 6 November 2019

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.

This checklist is intended to assist members of the PLA who are dealing with break notices by providing an overview of the steps that may be taken and common pitfalls that should be considered during the preparation and review of break notice clauses.

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.

Following the voluntary Capped Costs Pilot which commenced in certain Business and Property Courts on 14 January 2019, earlier this year MOJ  launched a consultation in relation to extending the use of Fixed Recoverable Cases (FRC) in Civil Cases.

The PLA is one of the PSG’s consultees and to that end have been approached by the PSG for comments on the PSG’s draft Scottish Common Auction Conditions (SCAC) and guidance notes attached – prior to 6 September 2019.

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.

‘From Hostage negotiation to negotiating property disputes: Lessons from a parallel world‘ hosted by Phil Williams (a former hostage negotiator) and Mandy Lenton (property mediator and lead member of the CEDR faculty team).  

This article discusses how a “share” can be severed in a beneficial joint tenancy where one co-owner operates upon his own share without severing the entire beneficial joint tenancy. It considers how a beneficial joint tenancy and a tenancy in common can exist concurrently.

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.