Recent Developments in Property Law 2024

19 November 2024, 5.30pm - 9.00pm
Recent Developments in Property Law 2024

This event is now full

Venue

The Honourable Society of The Inner Temple,
Crown Office Row, London EC4Y 7HL

Timings

19 November 2024, 5.30pm - 9.00pm

Overview

Selborne Chambers invites you to attend our annual property law seminar with Mark Warwick KC, Duncan Kynoch and Sarah Walker. This seminar will cover recent developments in case law relating to landlord and tenant and real property.

Programme

17:30 Registration at The Honourable Society of The Inner Temple

18:00 Seminar on Recent Developments in Property Law 2024. Mark Warwick KC, Duncan Kynoch and Sarah Walker will cover recent developments in case law relating to landlord and tenant and real property.

19:00 – 21:00 Drinks Reception and Canapés

Speakers

Mark Warwick KC
Call: Call: 1974 | KC: 2013

Recent Landlord and Tenant 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]),
  • the relief against forfeiture (Freifeld v West Kensington Court [2016]).

Recent Real Property cases have included:

  • Western Avenue Properties Limited & Anor v Sadhana Soni & Anor [2024] EWHC 2124 (KB), where Mark succeeded on having a counterclaim struck out, which was inactive for several years;
  • Ahmet v Tatum [2024] EWCA Civ 255, where Mark secured success in the Court of Appeal in an important case establishing access to the civil courts, where property is the subject of both civil and criminal proceedings;
  • Prime London v Thurloe Lodge [[2022] CH 289 the construction of the Access to Neighbouring Land Act 1992;
  • Dhillon v Barclays Bank ([2021],  rectifying the land register;
  • undue influence involving family members (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])
  • subrogation in the field of mortgages (Menelaou v Bank of Cyprus [2016] AC 176).
Duncan Kynoch
Call: Call: 1994

Duncan regularly advises and appears for property owners and investors on all aspects of the law of real property, and landlord and tenant. Duncan has appeared in significant property cases in the High Court and Court of Appeal, including:

  • injunctions: Curti Environment Technologies Ltd v Halo Battery Recycling Ltd [2022] EWHC 301 (QB)
  • adverse possession: River Thames (Port of London Authority v Stapleford Frog Island (Rainham) Ltd [2017] UKUT 444 (TCC).
  • 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).
Sarah Walker
Call: Call: 2013

​Sarah is recognised as a leading junior in Property Litigation in Legal 500. She has experience in all key property areas including co-ownership disputes, boundary disputes, easements and adverse possession. She also represents and advises landlords, tenants and lenders in relation to residential and commercial properties. She is regularly instructed on possession and forfeiture matters as well as disrepair claims, service charge disputes and 1954 Act lease renewals.

Current and recent instructions include:

  • Acting for the Leadmill Ltd (led by Nicholas Trompeter KC and Tom Hickman KC) in the highly publicised 1954 Act lease renewal see  The Leadmill: Hearing over future of Sheffield music venue adjourned – BBC News
  • A co-ownership and partnership dispute arising out of the breakdown of a romantic relationship.
  • Acting for the purchaser of a prestigious country home to obtain possession against common law tenants, renting for below the AST threshold. This was reported in the Daily Mail –  Defiant Evelyn Waugh superfans are STILL living in the literary giant’s £3M Cotswold home | Daily Mail Online
  • A family dispute in the High Court over the ownership of two valuable property development plots, involving common intention constructive trusts, resulting trusts and proprietary estoppel as well as allegations of forgery. The matter culminated in a 6-day trial in 2020, where Sarah obtained a favourable judgment and costs award for her clients [Bulled v Petrie [2020] EWHC 2485 (Ch)].
  • Acting for a bridging company in relation to possession proceedings to recover a circa. £1million loan and defending a counterclaim from the borrower on the basis of an unfair relationship.

This event is now full

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