Martin Dray (Falcon Chambers) – Not positively unjust? The difficulty in obtaining rectification of the register against a proprietor in possession.

Martin Dray discusses Rees v 82 Portland Place Investments LLP [2020] EWHC 1177 (Ch), which shows that there is no guarantee that an innocent party who loses out by reason of a Land Registry mistake will prevail in securing rectification of the register in its favour. Everything may boil down to whether it is positively […]

2nd Jul 2020 Covid-19 Read more

Anthony Tanney (Falcon Chambers) – Arkin v. Marshall – some Dicey implications

Anthony Tanney analyses the Court of Appeal’s recent decision in Arkin v. Marshall [2020] EWCA 620 (Civ): A claim by receivers against mortgagors for possession of the mortgaged property. The issue for the Court of Appeal concerned the effect on those proceedings of the stay imposed by the emergency coronavirus practice direction, PD51Z. Click here […]

2nd Jul 2020 Covid-19 Read more

County Court Feedback Surveys

We would like to invite you to provide feedback on your experience of using the County Courts, so that we can collate evidence of current issues with the County Courts for the purpose of an upcoming meeting with HMCTS to discuss County Court user experience. We have prepared a survey comprising 15 short questions, and […]

1st Jul 2020 Law Reform Committee Read more

COVID-19 and stay of possession proceedings – further update

Following the issues raised by the PLA and PBA in a joint letter to the Master of the Rolls (click here to read the letter), Practice Direction 51Z – Stay of Possession Proceedings and Extension of Time Limits – Coronavirus was amended on 20 April 2020 to permit, amongst other things, claims to proceed against […]

18th Jun 2020 Law Reform Committee Read more

Counsel on the Couch Episode 1: Caroline Shea QC of Falcon Chambers

We’re excited to unveil Episode 1 of the Property Litigation Association’s new “Counsel on the Couch” interview series! First up, Caroline Shea QC of Falcon Chambers talks with Isabel Lich of Mishcon de Reya LLP about London Kendal Street No 3 Ltd v Daejan Investments Ltd [2019] and opposed renewals under ground 30(1)(f) of the […]

18th Jun 2020 Counsel on the Couch Read more