Venue
The Honourable Society of The Inner Temple,
Crown Office Row, London EC4Y 7HL
Timings
5 December 2023, 5.45pm - 9.00pm
Overview
At our annual property law seminar, Mark Warwick KC and Duncan Kynoch discussed recent developments in case law relating to landlord and tenant and real property.
Please click here to download the slides.
Programme
17:45 Registration at The Honourable Society of The Inner Temple
18:00 Seminar on Recent Developments in Property Law 2023. Mark Warwick KC and Duncan Kynoch covered recent developments in case law relating to landlord and tenant and real property.
19:00 – 21:00 Drinks Reception and Canapés
Speakers
LANDLORD & TENANT: Recent cases have involved the law of easements (Thurloe Lodge v Amberwood Drive [2021], the construction of restrictive covenants (Mackenzie v Cheung [2022]), the recovery of legal costs from lessees (Kensquare v Boakye [2022]), the evidence relevant to a renewal of a lease per the Landlord and Tenant Act 1954 (Mondial Assurance (UK) v Bridgwater Properties [2016]), and relief against forfeiture (Freifeld v West Kensington Court [2016]).
REAL PROPERTY: Recent cases have involved the construction of the Access to Neighbouring Land Act 1992 ([2022] CH 289), rectifying the land register (Dhillon v Barclays Bank ([2021]), undue influence (Malik v Sheikh {2018] 4 WLR 86), alleged sham trusts (Raja v Van Hoogstraten [2018] and ND v SD [2018] 1 FLR 1489), damages for dumping waste on land (Hyde v Simple Skips [2017]) and subrogation in the field of mortgages (Menelaou v Bank of Cyprus [2016] AC 176).
Duncan regularly advises and appears for property owners and investors. Most recently, Duncan succeeded (in the First Tier Property Tribunal, and on appeal before the Upper Tribunal) in a claim for adverse possession against the Port of London Authority in a dispute over part of an Island in the River Thames (Port of London Authority v Stapleford Frog Island (Rainham) Ltd [2017] UKUT 444 (TCC).
Duncan has appeared in significant property cases in the High Court and Court of Appeal, including:
- restrictive covenants (Re Barter’s application, Nov 2017, [2017] UKUT 451 (LC));
- development disputes (BNP Paribas Jersey Trust Corporation v Marshall Street Regeneration, Ch Div, 2015);
- boundaries/party walls (Nelson’s Yard Management Co v Eziefula, Court of Appeal, 2013);
- property and constructive trusts (De Bruyne v De Bruyne, Court of Appeal, 2010; Bradbury v Hoolin, Ch Div);
- boundaries and rights of way (Waterman v Boyle, Court of Appeal, 2009);
- landlord and tenant (Jacey Property Co Ltd v De Sousa, Court of Appeal; Heartpride Ltd v Sawhney, Ch Div; Carmel Southend Ltd v Strachan & Henshaw Ltd, TCC);
- business tenancies (Capita Trust Co (Channel Islands) Ltd v Chatham Maritime J3 Developments Ltd, Ch Div).