Things to know in an application for a rent repayment order – a view from the prism of Martin Joseph Rakusen v Mikkel Kepsen and others

Written by Felix Otouke.   The case is about an appeal to the Upper Tribunal (Lands Chamber) by Mr Rakusen against the decision of the First-tier Tribunal (Property Chamber) (FTT). It was issued on 18th December 2019.   Case breakdown   In 2006 the freeholder of the building granted a lease of Flat 9, Mandeville […]

When it comes to whistleblowing, what is the part of protected disclosure agreements?

First off, what is a whistleblower?   A whistleblower is a term used to describe a person who leaks sensitive information, reports wrongdoings, crimes, or morally questionable practices or events that occur within their own workplace. Usually, the reports are regarding people in high positions such as management or particular duties that the person has […]

Get your property back! What does the new guidance for private landlords say about the possession action process?

Property is a massive part of life. It is where families make homes, people raise children, or it can be simply a sanctuary to come back to after a difficult day. However, another huge aspect of the property world revolves around business, whereby landlords look to make money by allowing tenants to rent out their […]

Be Careful of Oral Agreements!

Written by Evveline Loh.     The court had recently handed down their judgment in Coleman v Mundell [2020] EWHC 2852  in the Queen’s Bench Court around the end of last month. The case was a dispute about an oral agreement made between Mr Philip Coleman (the “Claimant”) and Mr Mundell (the “Defendant”). The Claimant […]

Family Litigation: Relocation of children must only occur in exceptional circumstances

In relation to family litigation regarding children’s custody, the general position is that the child’s usual residence should not be changed unless in exceptional circumstances. When considering the issue of usual residence, the Court will consider how long the residence has lasted and how well the child has settled down into the surroundings including schooling, […]

Alternative Dispute Resolution (ADR): Faster, Cheaper and Equally Capable Of the Job?

Written by Lavinder Kaur.   What is Alternative Dispute Resolution?   When you have a contractual or commercial dispute, it is not granted that you must go to court to have your grievance addressed. Parties usually have a choice to opt for one of the methods of an Alternative Dispute Resolution (“ADR”) to resolve their […]

Litigators Beware! Double hurdles ahead! The latest implication on setting aside default judgement

Written by Yitong Guo.   Case concerned:   Penta Ultimate Holdings Ltd and another v Storrier [2020] EWHC 2400 (Ch)   The Case   This is a claim brought in the Chancery Division in the High Court, concerning a dispute on alleged professional negligence by the former chief financial officer of the claimant.   A […]

Court Finds No Evidence of Discrimination as Women’s State Pension Age Rises!

Women across the nation are likely to be united in their disappointment in the Court of Appeal’s decision to disregard campaigner’s accusations of discrimination after their state pension age was risen to be the same as a man’s.   The case in question which we will be focussing on in this article is *R (on […]

Wait…have I been offered a Part 36 Offer?

Written by Evveline Loh.     Before we delve into the recent case of Essex County Council v UBB Waste (Essex) Ltd (No. 3) [2020] EWHC 2387 (TCC)….   What is a Part 36 offer?   Parties to a court proceeding will usually try their best to mitigate adverse costs consequences by making a well-thought […]

Eviction Ban Now Over, Igniting Fresh Worry For Renters – But What Options Are Available?

The ban on evictions, which gave renting tenants some much needed breathing room during the lockdown period, has now been lifted meaning proceedings will be going to court for the first time since March.   In England, Wales and Scotland, landlords must give six months’ notice of eviction, which has increased from two months before […]

Why the need to consider making an application for pre-action disclosure?

Receipt of documents before legal action can be vital to understand the strength of a prospective claimant’s position, how to ultimately plead its case and to explore the likelihood of whether a settlement can be reached to ultimately reduce the litigation costs. It is also intended to assist prospective claimants who need the disclosure to […]

COVID Secure Search Order Issued For Disgruntled Gas Company

Covid 19 has disrupted people’s life to a great extent. The government has issued strict social distancing guidance and threatens that any one in breach of it will face serious penalties. Court rooms and legal proceedings are no exception to this.   In such context, many hearings have become virtual. The Ministry of Justice issued […]

Do Not Ignore Restrictive Covenants!

Written by Felix Otouke.     The word covenant derives its root from Latin word ‘convenire’. Meaning “come together”, agree, unite or be suitable.   A restrictive covenant is a promise that prohibits us from doing something. Therefore, in the context of an owner or occupier of a piece of land, it is a promise […]

Employment Law Focus: In the eyes of the law, dismissal based on hearsay is unacceptable – even in serious circumstances!

It is reasonable for employers to want their employees to have clean criminal records for a variety of reasons, one major reason being the reputation of the business or institution they are responsible for. However, in the eyes of the law any dismissal made in response to an employee being at risk of having committed […]

Competition and Markets Authority has 4 major property developers in its crosshairs!

Four of the UK’s largest housing developers could face legal action after the Competition and Markets Authority (CMA) revealed it has initiated action over the way leasehold homes were sold.   The developers in question are:   Barratt Developments   Countryside Properties   Persimmon Homes   Taylor Wimpey   The CMA claims that it has […]

Want to know what information the Home Office holds about you and how to obtain it?

We all know the feeling of having given something we own to a friend or family member and they take forever to give it back to us. It can be frustrating, and it can often leave us hesitant to loan anything to them again. Well, this same feeling is present when the Home Office are […]

A Rightful Owner Or A Trustee For All?

Written by Stephanie Chiu.   A trust is not a novel concept to many. It is a way of managing a person’s assets. A person (a settlor) places his/her assets into a trust, appointing someone (trustee which can be the person him/herself) to manage the assets for the interest of someone else or even the […]

Possessions Proceedings, Evictions and More – Landlords vs Tenants in the Coronavirus Pandemic

The coronavirus pandemic has had a massive effect on the livelihoods of most of the world’s population. One of the most important things in life is the place you choose to live, and what to do with property that you own. It must be appreciated that renting property during this strange year can bring new […]

Family Law Focus: Navigating Child Custody

When it comes to a couple separating, a top priority is always the welfare of any children involved. In many cases, this can leave parents at odds with each other and unable to agree on who should take custody.   The main concerns often revolve around who the child will live with, if the custody […]

The Principle of Reflective Loss Does Not Apply To Creditors

Written by Lavinder Kaur, solicitor at Lisa’s Law.   What is reflective loss?   Firstly, the rule of reflective loss is derived from the principle of Foss v Harbottle, the company, being a separate legal entity, is the proper claimant to recover any loss resulting from an actionable wrong.   A shareholder’s loss in respect […]

Leave it or Sign it? Simple miscommunications can lead to serious consequences!

Wtitten by Yitong Guo.   BEC Construction Limited v Melt Hythe Limited [2020] EWHC 970 (TCC)   The Fact:   This is a High Court case in TECHNOLOGY & CONSTRUCTION division.   The Defendant Melt Hythe Limited is a company registered in England and Wales. Its registered office is at an address known as Sunnyside, […]

Jarvis v Evans – Unlicensed Landlords and Possession Notice in Wales

Written by Evveline Loh.   The Court of Appeal gave an important judgement on the 7 July 2020. It was held that a notice served under s8 of the Housing Act 1988 by a landlord is a ‘notice to terminate a tenancy’ falls within the scope of s7 (2) (f) of the Housing (Wales) Act […]

Force Majeure: When is it relevant and can you rely on it?

What does force majeure mean?   Force majeure, which is French for ‘superior force’, refers to a clause that is included in contracts to remove liability for natural and unavoidable catastrophes that interrupt the expected course of events and prevent participants from fulfilling the obligations of the contract.   Some examples of what can potentially […]

Child Abduction Proceedings and other Litigation Concerns – Amendments made amid Coronavirus

Amendments have been made to the practice and case management rules around Child Abduction Proceedings due to the COVID-19 outbreak. The new guidance will be in place until further notice.   International Child Abduction and Contact Unit:   The ICACU staff are now operating remotely and are encouraging other Central Authorities to submit applications by […]

Property dispute handled excellently at Lisa’s Law

We recently navigated our way to success in a particularly challenging litigation case, whereby the defending party used various tactics to confuse and delay legal proceedings from taking place. While, as legal practitioners, this can make for frustrating work, it is all the more satisfying when that work pays off and our client is left […]

Custody battle between parents – how to make the best of a bad situation

The love between a parent and their child forms the base of the strongest bond imaginable between humans, and most families will do whatever it takes to stay together. However, sometimes life gets in the way and family situations are not always going to be perfect. We recently handled a sensitive family case, and are […]

Mastercard Madness – Are you due compensation?

The vast majority of adults living in the UK could be entitled to compensation of up to £300 after a David and Goliath style court dispute led to a £14bn class action lawsuit.   Picture the scene: you are in your local convenience store buying some supplies for the week ahead. You place your items on […]