Court proceedings

View Property Disputes by content type:

Latest Property Disputes News

Featured Property Disputes content

Practice notes
When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
Read More >
9th Nov
Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
Read More >
9th Nov
Practice notes
This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
Read More >
9th Nov
Practice notes
The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...
Read More >
9th Nov
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...
Read More >
9th Nov
Practice notes
This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...
Read More >
9th Nov
Practice notes
A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...
Read More >
9th Nov
Practice notes
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
Read More >
9th Nov
Precedents
Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
Read More >
9th Nov
Practice notes
This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
Read More >
9th Nov
Practice notes
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
Read More >
9th Nov
Practice notes
This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
Read More >
9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
9th Nov
Practice notes
Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...
Read More >
9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
9th Nov
Practice notes
Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...
Read More >
9th Nov

Most recent Court proceedings content

Practice notes
IntroductionThis Practice Note considers the disclosure pilot scheme which applies across the Business and Property Courts as of 1 January 2019. The...
Read More >
16th Apr
Practice notes
A default judgment is also referred to as a judgment in default, judgment in default of acknowledgment of service and judgment in default of...
Read More >
16th Apr
Practice notes
This Practice Note considers when and why achieving a settlement of the dispute should form a part of the overall litigation strategy of conducting...
Read More >
Produced in partnership with Helen Swaffield of Contract Law Chambers 13th Apr
Practice notes
Coronavirus (Covid-19): The ability to serve a claim form within the requisite time period may be affected by the impact of coronavirus. For guidance,...
Read More >
12th Apr
Practice notes
Coronavirus (COVID-19)The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
Read More >
9th Apr
Practice notes
This Practice Note considers the effect of tax considerations when a court decides how much to award a claimant as damages for a financial loss.The...
Read More >
9th Apr
Practice notes
Where a dispute is brought to an end by a payment of damages or compensation, whether under a court order or an out-of-court settlement agreement:•the...
Read More >
9th Apr
Precedents
[On the headed notepaper of the creditor’s solicitors]FAO [Insert name of debtor][Name of debtor’s solicitors][Address line 1][Address line...
Read More >
9th Apr
Precedents
[Name of creditor’s solicitors firm][Address line 1][Address line 2][Postcode][Date][Ref: [insert reference]]Dear [insert name][Creditor’s name] AND...
Read More >
9th Apr
Practice notes
What is judicial review?Judicial review is a process by which the courts exercise a supervisory jurisdiction over the exercise of public functions by...
Read More >
Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 9th Apr
Practice notes
Key procedural stages in a judicial review claim in the Administrative Court Broadly speaking, and subject to any contrary directions, the key stages...
Read More >
Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 9th Apr
Practice notes
Judicial review is an equitable remedy. The court has discretion to make an award in successful claims, which it will only exercise where it is just...
Read More >
Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Apr
Practice notes
Interested partiesIn the context of judicial review, an interested party is 'any person (other than the claimant and defendant) who is directly...
Read More >
Produced in partnership with Julia Marlow and Megan Smith of Hogan Lovells 9th Apr
Practice notes
This Practice Note looks at the discretion of judges to make costs orders (CPR 44 and its accompanying Practice Direction, CPR PD 44). It considers...
Read More >
8th Apr
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
8th Apr
Q&As
The question of whether a deed can be witnessed remotely is a difficult one as the position at law is unclear. For the reasons that follow, it is...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Apr
Q&As
Where an electronic document review platform is, or can be, used to prepare a party’s disclosure, the closure of their instructing solicitor’s offices...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Apr
Practice notes
What is allocation?At an early stage in a claim, the court will provisionally allocate the claim to what it thinks is the most appropriate 'track' for...
Read More >
7th Apr
Practice notes
CPR 83 provisions regarding writs and warrantsCPR 83 and CPR PD 83 contain rules governing the issue of writs and warrants For general guidance on CPR...
Read More >
6th Apr
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
Read More >
1st Apr

Popular documents