Title: Reviewing the recent Court of Appeal decision relating to the availability of contractual rectification in cases involving a common mistake in the case of FSHC Group Holdings Ltd v Glas Trust Corporation Ltd

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

Credit Hire: Enforceability and Irving

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

Costs against Public Authorities in Non-CPR Civil Proceedings in the Magistrates’ and Crown Courts – Heads They Win, Tails You Lose

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

(Assured) Landlord and Tenant in Potential Agreement? Sweet Surrender

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

Challenging a Grant of Planning Permission in your Local Area

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

Life as a Pupil Barrister

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

An Unintended Consequence of The Protection from Eviction Act 1977 S.3(a)(2)

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