News & Publications
Trees on the line
March 2nd, 2015
There was an old lady of Staines Who’s ash tree fell on some trains The train company sued her But the judge said “that’s nature” And we think the court’s lost its brains Next time you are wondering why your season ticket price has gone up, or why you are sat in a darkened railway […]
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 […]