Fee hike for appeals from the LVT

The ministry of justice has just published its response [PDF] to its consultation on fees for the Lands Tribunal — now of course the Upper Tribunal (Lands Chamber). This is bad news if you are an appellant. The fee for seeking permission to appeal from the Lands Tribunal (i.e. if it was not given by […]

What is a service charge?

In two joined appeals to the Lands Chamber of the Upper Tribunal brought by Southern Housing Group Ltd and Family Housing Association (Wales) Ltd ([2010] UKUT 237 (LC) – not yet available via the tribunal’s website or on bailii), the tribunal considered whether, on construction of the relevant leases, a payment was a service charge […]

Civil Procedure Rules: 51st update

Spring is in the air and daffodils are blossoming which is usually a sign that an update to the civil procedure rules is in the offing. This year, we are doubly blessed. Parts of both the 51st and52nd updates will come into force over the next week. In this post I will, as usual, focus […]

Total confusion from Willesden

Chasewood Park Residents Ltd v Kim [2010] EWHC 579 (Ch) is a rent/service charges case that should serve as a useful object lesson: first for parties to remind them of the importance of precise pleading and the use of evidence; and second, I hope, to first instance judges as to the perils of abandoning the […]

I’ll get you, my pretty, and your little dog, too!

Joseph v Nettleton Road Housing Co-Operative Ltd [2010] EWCA Civ 228 is a decision that was decided on its facts, but since it is the first example of a claim for judicial review against a housing co-operative, I took an interest. The facts are that Mr Joseph was a tenant of Nettleton Road Housing association. […]

Adverse Possession of a Highway II

Last year we reported the decision R (Smith) v Land Registry [2009] EWHC 328 (Admin) in which the High Court held (amongst other things) that it was impossible to acquire land by adverse possession if that land was subject to a public highway. At the time I expressed my concern about the soundness of that […]

Adverse possession of the river bed II

Port of London Authority v Ashmore [2010] EWCA Civ 30 is a really odd decision by the Court of Appeal to the extent I had to read it through carefully twice to be sure I understood its effect. I am still not sure that I do. You may remember that we reported on Mr Ashmore’s […]

Sale and leaseback – a transaction at an undervalue?

Could the sale and leaseback of a house be a transaction at an undervalue and thus be caught by section 423 of the Insolvency Act 1986? This was the main question considered by the High Court in Delaney v Chen although some other points of interest were discussed. The background is that the respondents to […]

A strange new beast in the forest

The case of Clarence House v National Westminster Bank [2009] EWCA Civ 1311 deals with a relatively new form of transaction that seems, at present, to be confined to City property transactions. I report it here because it may become more widespread. This new beast is the virtual assignment. The idea is a simple one: […]