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Contributions by Gatehouse Chambers Experts

74

What is a tort?

What is a tort?

Practice notes

This Practice Note outlines the concept of tort claims, the differences between tort and contract claims and the distinctions between the protection of personal and proprietal interests.

Dispute Resolution

What happens in a commercial tenancy if, following the service of a tenant’s request for a new tenancy under section 26 of the Landlord and Tenant Act 1954 which the landlord has opposed, the tenant does not renew before the date specified in the s 26 request?

What happens in a commercial tenancy if, following the service of a tenant’s request for a new tenancy under section 26 of the Landlord and Tenant Act 1954 which the landlord has opposed, the tenant does not renew before the date specified in the s 26 request?

Q&As

What is the commencement date for the six month period for making a claim against an estate if there is no grant of representation and one is not being sought?

What is the commencement date for the six month period for making a claim against an estate if there is no grant of representation and one is not being sought?

Q&As

What is the process and time limit for seeking a relief from forfeiture by consent of a long leasehold interest of a residential property?

What is the process and time limit for seeking a relief from forfeiture by consent of a long leasehold interest of a residential property?

Q&As

What is the significance of a claimant serving a Part 8 Claim Form, supporting witness statement and exhibit but failing to also serve an Acknowledgment of Service in breach of (CPR 7.8(2)(b) and CPR 8.9(b)(ii))? Is service defective? If it isn't defective and is remedial under CPR 3.10, is there anything that the defendant can do to take advantage of the claimant's failure?

What is the significance of a claimant serving a Part 8 Claim Form, supporting witness statement and exhibit but failing to also serve an Acknowledgment of Service in breach of (CPR 7.8(2)(b) and CPR 8.9(b)(ii))? Is service defective? If it isn't defective and is remedial under CPR 3.10, is there anything that the defendant can do to take advantage of the claimant's failure?

Q&As

Dispute Resolution

When a landlord is serving counter-notice on a tenant following a LTA 1954, section 26 notice, is it detrimental for the Landlord to list several sections of section 30(1), eg (e), (f) and (g), in their opposition?

When a landlord is serving counter-notice on a tenant following a LTA 1954, section 26 notice, is it detrimental for the Landlord to list several sections of section 30(1), eg (e), (f) and (g), in their opposition?

Q&As

When renewing a stay in proceedings do I need to make an application or will a signed consent order lodged with the court be sufficient?

When renewing a stay in proceedings do I need to make an application or will a signed consent order lodged with the court be sufficient?

Q&As

Dispute Resolution

Where a landlord wishes to oppose the renewal of a tenancy using section 30(f) of the Landlord and Tenant Act 1954 (LTA 1954) but it is not the landlord who is going to carry out the works but rather a developer that the landlord wishes to sell to, is this allowed under LTA 1954? Can the landlord join the developer as a third party to the action?

Where a landlord wishes to oppose the renewal of a tenancy using section 30(f) of the Landlord and Tenant Act 1954 (LTA 1954) but it is not the landlord who is going to carry out the works but rather a developer that the landlord wishes to sell to, is this allowed under LTA 1954? Can the landlord join the developer as a third party to the action?

Q&As

Where a notice under 5D of the LTA 1987 has been served on the qualifying tenants and this notice has now expired and the offer was not accepted, can the buyer and seller still exchange contracts and then complete some days later, or must the parties go straight to completion? In the circumstances, can the parties use a parol agreement that will set out certain terms that were agreed between the parties?

Where a notice under 5D of the LTA 1987 has been served on the qualifying tenants and this notice has now expired and the offer was not accepted, can the buyer and seller still exchange contracts and then complete some days later, or must the parties go straight to completion? In the circumstances, can the parties use a parol agreement that will set out certain terms that were agreed between the parties?

Q&As

Where a person (P) makes a statutory declaration by video conference, is it permissible for the solicitor administering the declaration to be connected to the solicitor advising P? In particular, can the solicitors live in the same house?

Where a person (P) makes a statutory declaration by video conference, is it permissible for the solicitor administering the declaration to be connected to the solicitor advising P? In particular, can the solicitors live in the same house?

Q&As

Restructuring & Insolvency

Where an easement has been gained by prescription over a long period of use, what rights does the dominant landowner have to maintain the right of way? Can he force the servient owner to accept that repairs are necessary if he is willing to carry them out at his own expense?

Where an easement has been gained by prescription over a long period of use, what rights does the dominant landowner have to maintain the right of way? Can he force the servient owner to accept that repairs are necessary if he is willing to carry them out at his own expense?

Q&As

Where the landlord of a property is a Parochial Church Council (PCC), the executive committee of the Church of England, but the vicar and churchwardens made decisions for the PCC, who should bring a claim to evict the tenant, the PCC, the churchwardens or the vicar? Is there any available guidance?

Where the landlord of a property is a Parochial Church Council (PCC), the executive committee of the Church of England, but the vicar and churchwardens made decisions for the PCC, who should bring a claim to evict the tenant, the PCC, the churchwardens or the vicar? Is there any available guidance?

Q&As

Will England’s statutory duties in relation to housing and social care still apply to EU citizens in light of Brexit?

Will England’s statutory duties in relation to housing and social care still apply to EU citizens in light of Brexit?

Q&As

Would inclusion of interest provisions in a facility agreement be sufficient to satisfy the requirement in rule 7.3(2) of the Insolvency (England and Wales) Rules 2016 and obviate the need to include interest as a separate amount in a statutory demand served on a company?

Would inclusion of interest provisions in a facility agreement be sufficient to satisfy the requirement in rule 7.3(2) of the Insolvency (England and Wales) Rules 2016 and obviate the need to include interest as a separate amount in a statutory demand served on a company?

Q&As

Restructuring & Insolvency

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