Master the tactical complexities of protecting creditor interests when property is pledged as security. Stay informed on the essential procedural steps and judicial precedents that can influence the enforcement process, ensuring you navigate the challenges adeptly. This topic also covers property insolvency, offering practical insights on handling the various stages of insolvency proceedings, prioritising creditor claims, and managing distressed assets with expert precision.
Dispute Resolution analysis: The Court of Appeal has confirmed that paying the wrong court issue fee does not prevent a claim being 'brought' for the...
The Ministry of Housing, Communities and Local Government (MHCLG) has published an official Information Sheet to support implementation of the...
This week's edition of Property Disputes weekly highlights includes: the passing of the Building Safety (Wales) Bill, a Court of Appeal ruling on the...
The Royal Institution of Chartered Surveyors (RICS) has announced that its first global professional standard for responsible use of artificial...
Private nuisance—general principlesWhat situations can give rise to a claim?Private nuisance is a ‘violation of real property rights’. It involves...
Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...
Specific performance of property agreementsIf a party to a property agreement fails to comply with its obligations, the other party may wish to apply...
Forfeiture of a leaseWhen can a landlord exercise the right to forfeit a lease?Forfeiture is a landlord’s right to bring a lease to an end as a result...
A leaseholder company was dissolved, and the property and rights vested in it passed to the Crown (bona vacantia). In reference to this: (1) Can the landlord claim possession of the leased property and if so, how?; and (2) can the landlord claim money owed to it under the lease, and if so how and
Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application
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