Publications: Conference Papers

 

PLA Conference – Residential Termination Update – ASTs & Recent Changes

Introduction This seminar will address the substantial legislative changes that have come about in relation to Assured Shorthold Tenancies (“AST”). In particular, it will address: Deregulation Act 2015 Immigration Act 2014 This legislation represents perhaps the biggest change to the AST regime since its inception. Taken together with tenancy deposit provisions originally introduced by the […]

15th Apr 2016 Conference Papers Read more

PLA Conference – The Good, the Bad and the Equity – Solicitors’ Breach of Trust in the Commercial Context

Introduction Equity and common law have long had an unsettled relationship. Although in Royal Brunei Airlines v Tan, Lord Nicholls of Birkenhead commenced his speech with the observation that “[t]he proper role of equity in commercial transactions is a topical question”, it was certainly not a new one. In Re Wait, Atkin LJ was critical in a […]

15th Apr 2016 Conference Papers Read more

Rectification quiz by Stephanie Tozer, Falcon Chambers

Will a rectification claim be successful in each of these scenarios? Part I In each scenario, assume that A and B are the parties to an agreement which A now asserts should be rectified. Neither A nor B gives evidence, and no relevant documents are produced. A’s counsel invites the Court to infer that the […]

3rd Feb 2016 Conference Papers Read more

Flooding & Abstraction

Introduction 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). At common law, on […]

27th Jan 2016 Conference Papers Read more

Autumn Training Day – Fraud, Deceit & Dishonesty

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. “First, in order to sustain an action of deceit, there must be proof of fraud, and nothing short of fraud will suffice. Secondly, fraud is proved, […]

11th Nov 2015 Conference Papers Read more

Autumn Training Day – Liquidated Damages & Penalties

Scenario 1 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, […]

11th Nov 2015 Conference Papers Read more

Autumn Training Day – The Aga Saga

Introduction 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. This was whether a guarantor of an […]

11th Nov 2015 Conference Papers Read more

Autumn Training Day – Summary Possession Orders – Current Practical & Legal Issues

Introduction 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 […]

11th Nov 2015 Conference Papers Read more