News and Articles

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.

New initiative – the HMCTS monthly bulletin

It is a fast-moving world, and property litigation is at the cutting edge of change, according to Martin Edwards, Chair of the Property Litigation Association, and Mathew Ditchburn, Chair of the PLA’s Law Reform Committee.

The PLA Law Reform Committee has had meetings with HMCTS in respect of their wide-ranging reform programme. Below is a link that contains both a video link to a recent roadshow event and also a pdf of a Reform Update dated May 2018

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.