News and Articles

Tricia Hemans and Roisin McGlinn consider common arguments raised by borrowers against LPA Receivers.

Caroline Shea QC, Falcon Chambers

Paper given by Joanne Wicks QC of Wilberforce Chambers at the PLA seminar in Bristol on 23 November 2017.

The ability to terminate the contract can be extremely important for the innocent party.

New PLA chair, Martin Edwards, discusses his aims for the coming year, the work of the PLA committees and how he hopes to drive forward the organisation.

Your new Executive Committee 

It has been a very hard job finding a replacement for Lord Neuberger but we are delighted to announce that the PLA’s new President with effect from 1 January 2017 will be Liz Peace.

It is 8 months since my last Blog and others/committee chairs have since blogged.

The doctrine of adverse possession arises from the Limitation Act 1980.  Section 15(1) provides that no action shall be brought by any person to recover any land after the expiration of 12 years from the date on which the right of action accrued.  Sections 1-7 provide that at the expiration of the period of 12 years the title of the paper owner is extinguished.  The claim of a person to a possessory title was therefore based on the negative effect of the extinguishment of the paper owner’s title, and the basic principle that what is required for a case in trespass is not ownership, but possession or a right to possession.

On 2 November, the Courts and Tribunals Judiciary announced their intention to introduce a disclosure pilot in the Business and Property Courts in England and Wales.  Essentially, it is proposed that standard disclosure be abolished and replaced with a new concept of “basic disclosure” – for which no search is required – and “extended disclosure” where appropriate in a range of models A to E.