News and Articles

Welcome to the brand new Property Litigation Association Blog. This is another exciting year for the PLA as we look to help the courts understand what our members and their clients need from the court service. Various chairs of the PLA will take the ‘e-seat’ to bring you news about work across the Association and to encourage you to be ever-more involved.

This response has been prepared by the Property Litigation Association (“the Association”). The Association consists of approximately 1,200 members who spend a substantial amount of their time engaged in property related dispute resolution. The Association’s members deal with commercial as well as residential property disputes.

It is reassuring to know that someone, somewhere, has taken the time and effort to apply the precision and ingenuity of parliamentary draftsmanship in order to define, at least for the purposes of the FWMA 2010 if no other, what is meant by a flood (and what it is not).

Nature Of Forfeiture

Increased jurisdiction, increased fees, cutbacks and closures.  The report, commissioned by the PLA and based on feedback from PLA members on the state of the county courts, highlights declining service standards in an increasingly difficult operating environment.  The results suggest there is real cause for concern.

The Civil Courts Structure Review was commissioned by the Lord Chief Justice and the Master of the Rollsin July 2015.

The top 10 things to think about: Thinking outside the box: deceit as a stand-alone basis for a claim. Deceit: the closest we get to pure allegation of fraud.

Big Property Ltd has identified a potentially valuable development site, but does not wish to take the risk of developing the site on its own. It identifies Major Developer Plc as a potential joint venture partner. Major Developer is a particularly attractive partner for Big Property, as it has plenty of relevant experience, having just completed a similar development of its own.

In the cases of GOOD HARVEST V CENTAUR [2010] Ch 426 and K/S VICTORIA STREET V HOUSE OF FRASER (STORES MANAGEMENT) LTD [2012] Ch 497 first the High Court and then the Court of Appeal had to grapple with what had previously been a much debated question.

The ability to apply to the Court for a summary order for possession pursuant to CPR Part 55 against “persons unknown” is a well-known and established procedure. It is intended to provide a quick and easy scheme for a landowner to recover possession of property from unwanted and unauthorised occupiers. Nevertheless, the urgent circumstances in which such orders have often been obtained may not have been the best of contexts for the development of a clear and consistent body of jurisprudence or guidance on this important summary procedure