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.
HMCTS has published an updated version of its ‘Damages claims release note: other remedy release’, originally published in May 2026, which confirmed...
Dispute Resolution analysis: The minutes of the Civil Procedure Rule Committee (CPRC) annual open meeting of 8 May 2025 (conducted in a hybrid format...
Construction analysis: The Technology and Construction Court (TCC) struck out a property damage claim arising from adjoining building works and...
This week's edition of Property Disputes weekly highlights includes: a Court of Appeal decision regarding an undivided basement car park that did not...
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...
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
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
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