Articles
More good news for landlords?
February 19th, 2015
In the recent case of R (Tummond) v Reading County Court [2014] EWHC 1039, an application for judicial review was refused by the High Court. The tenant of a property initially defended possession proceedings brought under section 21 of the Housing Act 1988 and his defence had been dismissed. The tenant appealed but was not […]
Matrimonial assets and ownership issues with third parties
February 13th, 2015
At the point of divorce or separation a division of assets takes place, often involving an intricate task of assessing entitlement based on past contributions and an understanding of each party’s future needs. This task is made that much more complicated when some or all of the assets are held not just by the husband […]
Common sense prevails – Francis v Phillips
February 12th, 2015
Francis v Phillips [2014] EWCA Civ 1395 You may recall that in December 2012, in the High Court, a judgment was handed down by the Chancellor in Phillips v Francis [2012] EWHC 3650 (Ch), determining that all of the qualifying works carried out in a given year were to be aggregated, and that the cost […]
Stamp duty change – who benefits?
January 14th, 2015
On 3 December 2014, the Chancellor of the Exchequer, George Osborne, announced changes to stamp duty land tax (SDLT). Unlike the previous system, SDLT will only apply to the part of the property price that falls with a specific band. The Chancellor has estimated that the reforms will result in a cut to SDLT for […]
Bankruptcy affecting joint ownership
August 28th, 2014
How does bankruptcy affect joint ownership of property, divorce, separation and cohabitees? Although a bankruptcy order is personal to the bankrupt, if you are legally connected to the bankrupt either through marriage or joint legal ownership then the tidal effects of the bankruptcy will affect you. How it affects you will depend on a number […]
What is the scope of the Tribunal’s powers under s20C
August 17th, 2014
What is the scope of the Tribunal’s powers when making an order under section 20C of the Landlord and Tenant Act 1985? In SCMLLA (Freehold) Limited [2014] UKUT 0058 (LC), the Upper Tribunal was required to consider the above question, following an appeal from the then LVT. Section 20C of the Landlord and Tenant Act […]
Pension sharing on Divorce
May 29th, 2014
Property prices are a national obsession. Pensions are not regarded by the public in the same way, but it can often be the case that one spouse has a pension that has a significant value. The value of a pension fund can equal, and sometimes exceed, the net value of the matrimonial home. Of course […]
Commercial rent arrears recovery
May 14th, 2014
Historically, a landlord had the common law right of distrain available when a tenant fell into arrears of rent. This was essentially the landlord’s ability to enter leased premises, without notice, to seize the tenant’s possessions and sell them to set off against rent arrears. However, the Tribunals, Courts and Enforcement Act 2007 abolished that […]
Lessons to be learned from PGF II SA v OMFS Company 1 Limited
May 6th, 2014
It is a well-established principle that an unreasonable refusal to participate in alternative dispute resolution (ADR) is a form of unreasonable conduct of litigation and, to which the court is likely to respond by imposing costs sanctions on the winning party. This principle was established in Halsey v Milton Keynes General NHS Trust [2004] 1 […]
How much should my Divorce cost?
April 14th, 2014
In the recent decision in Chai v Peng [2014] EWHC 750 (Fam) the Court made a ruling with regards to whether the English Courts had jurisdiction. Mr Justice Holman spoke in his judgment of “eye-watering” legal fees of £1.6 million, especially given that preliminary issues were still not yet decided. This of course is an […]