Members of our property and real estate team spoke at the property litigation conference held on 18th March 2014 at the Marriott Hotel, Cardiff. In attendance were solicitors from Capital Law LLP, Eversheds, Harding Evans, Hugh James, MLM Cartwright, Thomas Simon Solicitors, along with many more.
The event was chaired by Charles Auld, and began with Leslie Blohm QC talking about Section 2 Law of Property (Miscellaneous Provisions) Act 1989. John Sharples followed explaining the new Commercial Rent Arrears Recovery (CRAR) rules. Charles then took to the stand with a talk that focused on the common requirements for exercising break clauses. The seminar concluded with Leslie discussing the jurisdiction of the Upper Tribunal (Lands Chamber) over restrictive covenants, and its inter-relationship with planning.
You can download a copy of some of these notes below:
For further information about our property and real estate team, please visit this page.
On 12 March HM Coroner Maria Voisin held an inquest into the death of Sean Phillips who died in a cycling accident outside the M-shed museum in Bristol on 6 March 2013 when he was caused to come off his bike and fall into the harbour. Emma represented Bristol City Council at the hearing where the Coroner considered the safety of the harbourside area for cyclists at this location which is owned and managed by the City Council. A number of issues including provision of quay edge railings, signage and the presence of the heritage train and crane tracks in the area were explored at the hearing. HM Coroner found that Mr. Phillips’ death was accidental. If you would like to discuss this or any other case please Emma or contact her clerks on 0117 923 4730.
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Julia Belyavin, a member of our family mediation team looks at the recent case, in which Mostyn J handed down his decision in Mann v Mann  EWHC 537 (Fam). It held that where a party has agreed to mediate the court can adjourn for that purpose and make an order highlighting the potential costs implications of reneging on the agreement to mediate.
Mr and Mrs Mann had originally resolved their financial affairs by consent in 1999. Following cross-applications to vary, Charles J made a further order in 2005 varying the 1999 order. The husband sought to appeal this order and the parties then participated in the Court of Appeal mediation scheme, which resulted in a consent order. It was a term of this new consent order that if the husband didn’t make a payment, the original order revived. This happened, and (in 2010) the wife then issued a statutory demand seeking payment and interest. A further agreement was then reached in November 2011, which included a detailed agreement to mediate by 31.01.12. Mediation did not occur, and Mostyn J concluded each party bore responsibility for that http://kamagrawiki.org failure.
Mostyn J noted that there are distinctions between the Civil Procedure Rules, which allow the court to adjourn cases for mediation/ADR even in the absence of the parties’ agreement, and the Family Procedure Rules, which only allow such an adjournment when the parties agree (it can adjourn to enable the parties to obtain information and advice about ADR in the absence of agreement).
However, Mostyn J was satisfied that it was open to him to make an order that the party who considered the case unsuitable for ADR should be prepared to justify the decision and that costs implications could flow from that decision (an Ungley order, named after Master Ungley who introduced them).
All of which goes to show that not only is mediation likely to be quicker, cheaper and less emotionally draining than litigation, but that costs benefits can apply within litigation if necessary. Good practice in appropriate cases could well involve an open letter to the other side inviting them to mediate.
John Dickinson, member of our commercial dispute resolution team, has recently obtained judgment for the claimant following a High Court trial in the Bristol Mercantile Court before Recorder Blunt QC in the case of Rowena Mary Elizabeth Williams (As Executor Of The Estate Of William Stanley Batters Deceased) v Gregory John Jones reported on Lawtel reference LTL 7/3/2014 document number AC0140753.
John acted for the executor of the estate of the deceased minority shareholder who had agreed to sell his shareholding to the majority shareholder. The Judge held that an oral agreement for the arrangement of the share-sale transaction was a complete and binding agreement. Although the parties had intended that it should be recorded by a formal written document that they were to sign, they had not intended that their oral agreement should be “subject to contract”.
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The Court considered the treatment of rent payable in advance by a corporate tenant in administration http://healthsavy.com/product/levitra/ and, specifically, whether that rent was no more than a provable debt in the administration or an expense of the administration. Christopher looks at how significant this decision is for commercial landlords.
Download article: Pillar Denton v Jervis
View profile: Christopher Jones
Supreme Court decision in Coventry v Lawrence: latest article from Nicholas Pointon and Richard Gold
Nicholas and Richard review the recent decision in Coventry v Lawrence concerning noise, nuisance and a new approach to damages in lieu of injunctive http://buyclomidovulation.com relief. This case is of importance to chancery and commercial practitioners alike. The Supreme Court’s remarks on the subject of injunctive relief herald a departure
from the traditional Shelfer test in favour of a more flexible approach.
Download article: Coventry v Lawrence
Today sees the release of the Law Commission’s recommendations regarding ‘Matrimonial Property, Needs and Agreements’. Andrew provides a summary of its key proposals, which range from statutory reform and judicial guidelines to suggestions for official Government-led research and the endorsement of an approach to the division of non-matrimonial property. A financial remedies revolution? You decide…!
Download article: What the Law Commission is really saying about pre-nups
Our family finance, ToLATA & inheritance team have in-depth experience in advising on the drafting and use of nuptial agreements. If you would like to discuss your case further, please contact our .
View profile: Andrew Commins
Charlie Newington-Bridges, member of our banking team spoke on case law developments in the financial services sector at Clarke Willmott’s ‘A Legal perspective on the Financial Services industry’ seminar today, which was held at their Bristol office.
Charlie spoke alongside Philippa Hann, a partner in the financial services team at Clarke Willmott, who covered the ‘The Pensions Bill 2014’. The event was attended by over 40 firms in the financial services industry including: Grant Thornton LLP, Milsted Langdon, St. James’s Place Wealth Management, Smith & Williamson, along with many more.
Charlie’s presentation covers four cases:
- Clarke v In Focus Asset Management  EWCA Civ 118
- Emptage v FSCS  EWCA Civ 729
Download presentation: case law developments in the financial services sector
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Patrick reviews recent decisions on costs and gives http://premier-pharmacy.com/product/soma/ tips about making the most of the post-Jackson costs and case management conference.
Download article: Costs and case management
View profile: Patrick West
Jeremy is one of the UK’s leading licensing barristers, and represents many of the leading http://premier-pharmacy.com/product/topamax/ leisure and retail operators, as well as police forces, councils and residents in relation to licence reviews and new applications.
View profile: Jeremy Phillips