Property Newsletter: September 2021

• Published date: 16 September 2021
• Subject Matter: Litigation, Mediation & Arbitration, Real Estate and Construction, Professional Negligence, Real Estate, Landlord & Tenant - Leases
• Law Firm: Gatehouse Chambers
• Author: Mr James Hall, Amanda Eilledge and Claire Gallacher

Introduction

Welcome to the first edition of the Property Newsletter from Gatehouse Chambers, coming to you from our brand new premises at 1 Lady Hale Gate in Gray's Inn, recently opened by Lady Hale herself. We are so excited to be in our new home. We hope, like us, you had a fantastic summer (let's not speak of the weather!) and whether you're still working from the kitchen table, back in the office, or a mix of the two, that you're refreshed and raring to go for whatever the month has in store.

This month James Hall looks at the recent decision in Ralph v Ralph [2021] EWCA Civ 116 and whether the doctrine of rectification for common mistake operates on the same principles for all types of contract. Amanda Eilledge reflects on the recent decision by Morgan J in Victus Estates (2) Ltd and others v Munroe; Benjamin v Victus Estates (1) Ltd and another [2021] EWHC 2411 (Ch), dealing with forgery, shams and the availability (or not) of the defence of illegality in property transactions.

Claire Gallacher spins the wheel of questions this month.

The next newsletter will be published in October.

Carl Brewin - Editor

Welcome, Gemma de Cordova!

We are delighted that Gemma de Cordova has joined Gatehouse Chambers' Property Team! Gemma is a specialist property barrister with experience across a wide variety of real estate disputes including commercial landlord and tenant, leasehold, development and real property. Find out more about her expertise here.

Activity report - what we have been up to and what we'll be getting up to over the coming month

John de Waal QC managed to mediate (remotely) a case to a successful conclusion whilst he was in Austria this summer and is busy with professional negligence claims this Autumn.

Brie Stevens-Hoare QC has been cycling her way through the summer on a heavy diet of boundaries and cladding related issues from all perspectives. She has allowed herself to be persuaded by others to cycle from London to Brighton for charity! Knowing her distaste for all things exercise and lycra we wonder if she has exceeded her own boundaries!

Peter Petts has been perfecting the prose of this learned tome, Forfeiture of Leases (Law Society Publishing), due for publication this month. Jamal's been colouring in the pictures.

Jamal Demachkie has been studiously correcting all of Peter's errors in their upcoming publication, Forfeiture of Leases. Available in all good bookshops soon.

John Clargo has been dealing with some complicated forfeiture...