Publications by Area of Law

The New Land Registration Tribunal: Neither Fish nor Fowl?

Source: The Conveyancer
Barrister: Charles Auld
Area of Law: Commercial and Chancery
Date: 19th February 2016
Summary: Pupil Kate Harrington examines the role of the First-tier Tribunal (Land Registration) and asks whether it is meant to be a Court for all registered land disputes (in which case, she argues, it lacks many powers that would normally be associated with such a tribunal) or if it is simply meant to ensure that entries at the Land Registry are up to date (in which case it is overcomplicated and expensive). Charles Auld assisted Kate with some practitioner’s points

View article from the Conveyancer: The new land registration tribunal: Neither fish nor fowl?

Costs Budgeting

Source: New Law Journal
Barrister: Charles Auld
Area of Law: Commercial and Chancery
Date: 25th March 2016
Summary: Charles Auld and academic pupil, Dr Kate Harrington have joined forces again to write an article which is published in the New Law Journal.  They examine costs budgeting in some detail, arguing that, whilst at first sight it looks an attractive solution, rather than reducing the overall costs faced by litigants, it can actually make a significant increase in those costs.  They conclude that Costs Budgeting is “effectively expensive informed guesswork that exerts no control on the overall costs of litigation”.



Supreme Court changes law on Penalty Clauses and Liquidated Damages

Barrister: John Sharples
Area of Law: Property and Real Estate, Commercial Dispute Resolution
Date: 5th November 2015
Summary: John Sharples discusses the implications of the new laws set out from the recent judgment in the case of Cavendish Square Holdings BV v Talal El Makdessi , ParkingEye Ltd. v Beavis [2015] UKSC 67.

View full article: The New Law of Penalties

Varying rights of way – silence and proprietary estoppel

Source: St John’s Chambers
Barrister: Philip Robson
Area of Law: Commercial & Chancery
Date: 29th July 2015
Summary:  Philip Robson, provides an analysis of the case Hoyl v Cromer and its impact for practitioners on future claims involving proprietary estoppel.

Download publication: Varying Rights of Way – Silence and Proprietary Estoppel

Coventry v Lawrence

Barrister: Nicholas Pointon
Area of Law: Commercial Law and Property Law
Nicholas and Richard consider the recent Supreme Court decision in Coventry v Lawrence and its implications in relation to applications for injunctive relief.

Download publication: Coventry v Lawrence

Section 2 turns 25

Source: The New Law Journal
Barrister: John Sharples
Area of Law: Property and Real Estate
Date: 24th October 2014
Summary: John asks is the s 2 of the Law of Property (Miscellaneous Provisions) Act 1989 provided the certainty that was hoped for.

View full article: Section 2 turns 25

Break notices

Source: St John’s Chambers
Barrister: John Sharples
Area of Law: Property and Real Estate
Date: 19th June 2014
Summary: John considers three recent cases about the validity and effect of break notices:- Friends Life Ltd v Siemens Hearing Instruments Ltd [2014] EWCA Civ. 382, Marks & Spencer plc v BNP Paribas Securities Services [2014] EWCA Civ. 603 and Friends Life Management Services Ltd v A&A Express Building Ltd [2014] EWHC 1463 (Ch)

Download article: Breaking up is hard to do

The Single County Court and other changes to civil procedure coming into force in April 2014

Source: St John’s Chambers
Barrister: Richard Gold
Area of Law:  Property and Real Estate
Date: 22nd April 2014
Summary: Richard summarises various changes to civil procedure coming into force in April 2014.  Many of the changes were recommended by Sir Henry Brooke in his August 2008 report, Should the Civil Courts be Unified?

Download article: The Single County Court

Nothin’ goin’ on but the rent

Source: The New Law Journal
Barrister: John Sharples
Area of Law: Property and Real Estate
Date: 21 March 2014
Summary: John takes a look at the Commercial rent arrears recovery scheme.

View full article: Nothin’ goin’ on but the rent

Court of Appeal decision in Pillar Denton v Jervis

Source: St John’s Chambers
Barrister: Christopher Jones
Area of Law:  Property and Real Estate
Date: 10th March 2014
Summary: The Court considered the treatment of rent payable in advance by a corporate tenant in administration 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