News

New Pre-Action Protocol for Debt Claims

September 24th, 2017

On 1 October 2017, the Pre-Action Protocol for Debt Claims (‘the Protocol’) comes into force. The Protocol has the potential to have a large impact on businesses when it comes to recovering debts and will substantially increase the administrative steps and costs a business will have to go through when recovering debts from individuals. What […]

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The recovery of costs in small claims cases

April 21st, 2017

CPR rule 27.14 deals with the recovery of costs on the small claims track. The starting point is that the court may not make an order for costs, except for fixed costs and court fees, unless the opposing party has behaved unreasonably. The question of what constitutes unreasonableness, therefore, arises fairly often in small claims […]

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Divorce procedure update

November 7th, 2016

Thum v Thum (2016) EWHC 2634 (Fam) On 21st October Mr Justice Mostyn, at the Family Division of the High Court, considered whether a wife had unreasonably delayed serving her divorce petition on her husband. The husband claimed that his wife had done so with the aim of achieving a tactical advantage. Why so? The […]

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What is unreasonableness and how can I recover costs in the Tribunal

November 4th, 2016

A commentary on Willow Court Management Company (1985) Limited v Alexander [2016] UKUT 0290 (LC) and the recovery of costs in the First-tier Tribunal (Property Chamber) The power of a Tribunal to award costs is governed by the Tribunals, Courts and Enforcement Act 2007 (‘the Act’), which provides at section 29 that the costs of […]

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Long leases and Air BnB

November 2nd, 2016

Given the rise of short-term lets, particularly as a result of the growing popularity of platforms such as AirBnB, the judgment of HHJ Stuart Brigg in Nemcova v Fairfield Rents Limited [2016] UKUT 303 (LC) is one of some interest. The facts of this dispute were fairly straightforward. The tenant had admitted to letting her […]

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To whom does art belong?

January 13th, 2016

There is an age old question that remains unanswered: does art belong to the artist who created it; to the person who has bought it; or to everyone? In the matter of The Creative Foundation v Dreamland Leisure Limited and others [2015], the High Court had to answer a similar – although not quite as […]

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Fraud unravels all – a comment on the decisions by the Supreme Court in Sharland and Gohil

October 16th, 2015

Beware! The Courts are now clamping down on those who give fraudulent or dishonest evidence or non-disclosure on a financial settlement between parties in divorce. The Supreme Court gave two judgements on the 14th October 2015 about re-opening divorce settlements on the grounds of fraudulent non-disclosure. The two cases involved the husbands supplying information that […]

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Another unmarried couple in the Court of Appeal

June 21st, 2015

O’Kelly v Davies (2014) EVCA Civ 1606 This case concerned a property in Sketty Swansea owned in the sole name of Ms O’Kelly. Her former partner, Mr Davies, applied to the court for a declaration that he had an equal share in the property. He did not ask for the sale of the property because […]

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Tenancy Deposit Scheme: what are the penalties for the landlord if things go wrong?

June 8th, 2015

Okadigbo v Chan (2014) EWHC 4729 (QB) It is common for the landlord to take a dilapidations deposit at the start of a tenancy as a safeguard in case the tenant causes any damage to the property. The Housing Act 2004 introduced regulations which have, since April 2007, required deposits to be placed in approved […]

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The Right to Manage – can an RTM Company manage more than one building?

April 23rd, 2015

The right to manage was introduced by the Commonhold and leaseholder Reform Act 2002, which created the ability for a “right to manage” company (‘RTM company’) to be formed and exercise the management functions contained in the leases, such as insuring the block and collecting service charges. This right is exercisable in respect of a […]

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