Court proceedings

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There are a number of specific court procedures for different types of property disputes, including under CPR 56 in respect of business lease renewals (see Practice Note: LTA 1954 business lease renewal—proceedings), and under CPR 55 in respect of various other claims

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Latest Property Disputes News

Names of claimants of money judgments to be published on the Register of Judgments, Orders and Fines in England and Wales

The Ministry of Justice (MoJ) has concluded its consultation on the proposal to include the names of claimants on the Register of Judgments, Orders and Fines in England and Wales (the Register). The consultation sought views on amending legislation to allow the names of claimants in money judgments from the County Court and High Court to be published on the Register. After analysing the responses, the MoJ has decided to implement the proposal and plans to lay Regulations in parliament to put this into effect.

Property Disputes weekly highlights—5 December 2024

This week's edition of Property Disputes weekly highlights includes: Court of Appeal decisions on the Tenant Fees Act 2019 and estoppel in an adverse possession claim, High Court decisions concerning occupiers’ liability, mesne profits, and non-payment of a court fee when issuing a lease renewal claim, and Upper Tribunal decisions on modification of a restrictive covenant and the application of non-domestic rates to barristers’ chambers. It also includes the publication of the Ministry of Housing, Communities and Local Government (MHCLG)’s new Remediation Acceleration Plan (RAP), the MHCLG’s consultation on permitted insurance fees for landlords and freeholders, and the Supreme Court and Privy Council’s new websites and online Case Management Portal.

UKSC and JCPC launch new websites and online Case Management Portal

The UK Supreme Court (UKSC) and Judicial Committee of the Privy Council (JCPC) have introduced new websites and a new online case management portal. This digital platform enables registered users to submit and manage case information electronically, offering a range of functions including applications for Permission to Appeal, submission of case-related documents and payments, case correspondence, progress monitoring, and direct communication with the Registry.

A ‘novel’ case of business rates & barristers chambers (Kevin Prosser KC v Andrew Ricketts)

Local Government analysis: The Upper Tribunal in Kevin Prosser KC v Andrew Ricketts deals with the question of whether barristers’ chambers, comprising barristers’ rooms, clerking rooms, etc, room should be treated as a collective, single unit for the purposes of national non-domestic rates, or whether occupancy of individual rooms, was exclusive to the individual barrister, such that they ought to be separately rated. The Upper Tribunal held that the separate occupation of rooms by individual members of Pump Court Tax Chambers (PCTC), did not mean that they were in rateable occupation of their separate rooms because such did not undermine the joint occupancy arrangement of all members. Accordingly, the appeal was dismissed. Written by Katherine Traynor, barrister at Landmark Chambers.

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