Speakers' Corner
Opinion pieces where leading KCs and junior counsel share their thoughts on recent cases
-
Out of reach: an easement is not an “estate in land". Baker v. Craggs. Ewan Paton (Guildhall Chambers, Bristol)
25th Jul 2018
The Court of Appeal re-asserts the orthodox understanding of “overreaching” under the Law of Property Act 1925, from which many commentators considered Newey J. had departed in his first instance decision.Read article -
Agricultural Dispute Resolution. Greville Healey, Falcon Chambers
23rd Jul 2018
Greville Healey considers how and where to litigate agricultural matters.Read article -
Help – the borrower has gone bust! How does that affect us? Stephanie Tozer, Falcon Chambers
23rd Jul 2018
This article seeks to provide some answers you could give if a lender client comes to you and explains that one of its corporate borrowers has entered administration or liquidation, and asks you how that will affect the lender.Read article -
Anything you do say may be given in evidence. Philip Sissons, Falcon Chambers
17th Jul 2018
Some practical tips on the rules of evidence in the context of property litigation and the pitfalls to avoid.Read article -
Time for a Sharp Brexit: Vendors and Purchasers in uncertain times. Anthony Tanney and Cecily Crampin, Falcon Chambers
17th Jul 2018
Anthony Tanney and Cecily Crampin consider how Brexit will affect the UK property market, and in particular how buyers can escape contracts for sale.Read article -
Property Law Issues Relating to Drainage. Tom Morris, Landmark Chambers
03rd Jun 2018
Tom Morris analyses and discusses the law of sewers and drains by reference to the law of easements and the statutes relating to sewerage.Read article -
Court of Appeal Guidance on Landlord’s Statutory Consultation and Changes to Works. Jonathan Chew, Wilberforce Chambers
03rd Jun 2018
In Reedbase v Fattal [2018] EWCA 840, an important decision for landlords and their advisers, the Court of Appeal explained how and when a landlord would need to repeat its statutory consultation if the works carried out changed from the original programme consulted on.Read article -
From Top to Bottom – Leasehold ownership of airspace and subsoil. Daniel Gatty, Hardwicke
27th May 2018
The answer to the question who owns the airspace above a building or the subsoil below is usually clear cut in relation to freehold land but often less clear in the case of leaseholds.Read article -
Partnership Property Problems - article by Nic Taggart of Landmark
16th May 2018
In this paper, Nic Taggart reviews the basic principles of partnership law as they relate to partners holding real estate as partnership property.Read article -
Counting the Cost: Fire safety improvement post-Grenfell. Ben Maltz, Five Paper
16th May 2018
Ever since the tragic Grenfell fire, landlords of high-rise apartment blocks have understandably been quick to address potential fire risks that affect their buildings.Read article