Property Newsletter: June 2023 (Video)

• Published date: 05 July 2023
• Subject Matter: Real Estate and Construction, Tax, Landlord & Tenant - Leases, Property Taxes
• Law Firm: Gatehouse Chambers
• Author: Mr James Duncan-Hartill, Patrick Sarson, Jim Findley, Adam Macdonald and Samuel Read

Introduction

Welcome to the June edition of Gatehouse Chambers' Property Newsletter. I am guest editing this month's newsletter while Laura Tweedy takes a well earned break. This is also my first week back from maternity leave and it's great to be hitting the ground running!

This month we have an article by Steven Woolf letting us into the secrets of enforcing injunctions against trespassers who really do not want to budge. We also have an article from John Beresford who analyses the decision in Chug v Dhaliwal [2023] EWHC 804 (Ch) which sets out some sage reminders for those of us dealing with commercial forfeiture.

And as ever, Lina Mattsson has very helpfully scooped up and summarised an interesting property decision from the last month, featuring our very own Jamal Demachkie.

Our 2-minute interview is with Michael Maris who tells us of a hobby of his that may take you by surprise!

Katrina Mather - Guest Editor

What have we been up to?

David Peachey has been all over the country visiting the High Court in Birmingham for a trial which settled at the last moment, Yorkshire for a mediation, and he will soon be making a trip to Derbyshire for a three-day Upper Tribunal case. Once that is done, he is looking forward to spending some time at home!

Katrina Mather has been handling a highly contentious beneficial owner claim along with a mix of property insolvency matters.

James Hall has been advising on some esoteric insurance and property issues relating to an escape of water that happened one day prior to exchange of contracts but where the transaction nonetheless completed; and on relief from forfeiture for mortgagees in relation to a complex leasehold title situation.

Jamal Demachkie has had a fun couple of weeks on the other side of the bench, sitting as a Chancery Recorder in Central London; but has also found the time for some advice on ownership of roofspace, option agreements, and a talk on 'Forfeiture & the FtT' to the PLA North with Monty Palfrey.

Adam Smith-Roberts has been (successfully) resisting an application to amend a defence to introduce allegations of dishonesty in a trusts-of-land dispute, dealing with multiple charging orders over land, advising on a professional negligence claim relating to the drafting of a will, and traversing the country for complicated possession hearings.

Daniel Gatty's month included hearings in a 1954 Act claim, about security for costs in a claim arising out of an option agreement, about breaches of a managing...