News and Articles

The Tribunal Procedure Committee has decided not to cap costs for unreasonable behaviour in leasehold and residential property cases following consultation and is instead adopting a proposal by the Property Litigation Association (PLA) to publish a guidance note.

Taking property litigation to another level – profile of the PLA in Estates Gazette,  4 August 2018.

In September 2017, the First Minister announced the Scottish Government’s intention to prioritise transparency, accountability and community ownership in its programme of land reform.

The Court of Appeal re-asserts the orthodox understanding of “overreaching” under the Law of Property Act 1925, from which many commentators considered Newey J. had departed in his first instance decision.

Greville Healey considers how and where to litigate agricultural matters.

This article seeks to provide some answers you could give if a lender client comes to you and explains that one of its corporate borrowers has entered administration or liquidation, and asks you how that will affect the lender.

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.

Response and Articles

The Tribunal Procedure Committee (TPC) have decided not to cap the costs recoverable under Rule 13(1)(b) for unreasonable behaviour.  The TPC concluded, in agreement with the PLA’s Law Reform Committee proposal, that steps should be taken to publicise the guidance in Willow Court Management Company (1985) Limited v Alexander in a clear form to parties involved in leasehold and residential property cases.  The TPC proposes to add information to the Property Chamber website.