The Court of Appeal recently considered the availability of rectification as a remedy in cases where there is a common mistake in FSHC Group Holdings Ltd v Glas Trust Corporation Ltd [2019] EWCA Civ 1361. In the case the Claimant sought rectification of two deeds against the Barclays Bank plc as security agent for the … Continue reading →

When importing goods into the UK from a country which is not within the European Union a traveller is able to take advantage of what is commonly known as the ‘duty free allowance’ that is they are permitted to import certain quantities of dutiable goods without having to pay duty on those goods. The current … Continue reading →

Where the cost of credit hire is claimed as part of a road traffic claim issues of enforceability are invariably considered by the Court and the Defendant. The matter usually arises after cross-examination of a Claimant who gives evidence that they were told that some other party would pay any such costs before signing the … Continue reading →

R (on the application of Perinpanathan) v City of Westminster Magistrates’ Court and Another [2010] EWCA Civ 40 is the current leading authority on the question of costs in civil matters brought in the Crown or Magistrates’ Court by a public authority. It applies and extends the principles in City of Bradford Metropolitan DC v … Continue reading →

Once there has been a breakdown in the landlord and tenant relationship, and the landlord wants to seek possession, the default route is the instigation of formal possession proceedings. A problem that assured and assured-shorthold landlords are starting to encounter more frequently, however, is the Section 21 debarment that results from a failure to comply … Continue reading →

When a social tenancy has been in place for decades, establishing what has previously occurred, and how it might impact a legal dispute today, can prove a complex matter. One generally accepted rule, though, is that whether it is governed by the Housing Act 1985 (“HA 1985”) or the Housing Act 1988 (“HA 1988”) only … Continue reading →

The interference with a right of way (via obstruction) can be of incredible nuisance and annoyance to someone who relies on that right of way for access to property or land. The problem is even more acute in built up areas where there may be no other means of access, no alternative route and no … Continue reading →

THERE IS A 6-WEEK LIMITATION PERIOD WITHIN WHICH A GRANT OF PLANNING PERMISSION CAN BE CHALLENGED VIA THE METHODS OUTLINED BELOW. IF YOU THINK YOU WOULD LIKE TO CHALLENGE SOMEONE’S PLANNING PERMISSION CONTACT BECKET CHAMBERS FOR SPECIALIST PLANNING ADVICE ASAP. ________ When planning permission is granted for a local development or a neighbour’s extension despite … Continue reading →

The criteria that must be met in order to render a notice to quit effective are straightforward but stringent. Many District Judges are hesitant to throw people out of their homes, even when arrears have been accrued, and will often feel bound to deny the landlord an eviction if a notice is defective. It is … Continue reading →

I could not have been provided with a better start to pupillage. I was immediately thrust into the work of a first-six pupil, shadowing members of Chambers in conferences and in court, drafting documents from attendance notes to advices, conducting legal research and considering case files. I have already been able to observe a variety … Continue reading →

S.3(a)(2) of The Protection from Eviction Act 1977 serves a purpose; it shields those that let out rooms in their homes, for whatever reason, from the court processes usually required to evict a tenant against their will. These processes can be costly, protracted and stressful, and Parliament decided that live-in-landlords should not have to endure … Continue reading →

I have recently observed a number of possession cases against unknown trespassers where the Judge has refused to hear the claim on the basis that service was not effective. In each instance, the Claimant had tried to effect service by attaching the relevant documents to objects to the land or property in some way (windows, … Continue reading →