Gatehouse Chambers
26 Experts
30 Contributions by Gatehouse Chambers Experts
PRACTICE NOTES
Anti-social behaviour (ASB)
ASB is an umbrella term capturing everyday occurrences of crime, nuisance, disruption, disturbance, annoyance and disorder. It covers behaviours such as:
littering
vandalism
noise nuisance
loud music
aggressive dogs
abusive neighbours
Local authorities may need to respond to ASB in both housing and non-housing settings. In housing, a landlord might have to address issues between neighbours, members of the same household, or problems caused by uninvited visitors to estates. Outside a housing context, ASB can involve street drinking, gangs of youths and prostitution.
Reform of anti-social behaviour powers (2014)
The Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014) obtained Royal Assent on 13 March 2014, overhauling the tools for tackling ASB. Its purpose was to streamline remedies and make processes simpler and more effective. In July 2014, the government issued statutory guidance,
Local Government
PRACTICE NOTES
Reform of anti-social behaviour powers (2014)
The Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014) overhauled the suite of tools for tackling anti-social behaviour (ASB). Its purpose was to bring remedies together and make their use more straightforward and effective. In July 2014 the government published new statutory guidance, Reform of anti-social behaviour powers: statutory guidance for frontline professionals.
Updated in August 2019;
Revised in January 2021 to reflect the Sentencing Code, introduced by the Sentencing Act 2020 (SA 2020), which repealed and replaced Part 2 of the ABCPA 2014;
Amended in June 2022 to include Expedited Public Spaces Protection Orders;
Refreshed in March 2023 to coincide with the launch of the ASB Action Plan and promote greater consistency in the use of powers and tools.
The opening section of the statutory guidance puts victims first, placing them at the centre of the response to
Local Government
PRACTICE NOTES
This Practice Note addresses challenges to orders arising in directors’ disqualification proceedings within England and Wales...
Coronavirus (COVID-19)
This material includes guidance on areas affected by the Coronavirus Act 2020 and consequent alterations to court procedures and processes due to the Coronavirus (COVID-19) pandemic. For more detail, see Practice Note: Coronavirus (COVID-19)—Changes to the court process in insolvency proceedings. For related news, guidance and other tools to support practitioners handling restructuring and insolvency work, see: Coronavirus (COVID-19)—Restructuring & Insolvency—overview...
Statutory provisions and rules of court
Appeals and reviews of orders under the Company Directors Disqualification Act 1986 (CDDA 1986) are not subject to a single procedural code and may proceed under the Civil Procedure Rules (CPR) or the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. Paragraph 32 of the Practice Direction: Directors Disqualification Proceedings (PDDDP) gives limited guidance on which regime applies; however, as at the time of
Restructuring & Insolvency
PRACTICE NOTES
Stop Press :
On 24 February 2025, the core provisions of the Public Procurement Act 2023 (PA 2023) take effect. We are currently reviewing, auditing and refreshing our materials accordingly. Please note that any procurement launched on or after 24 February must proceed under PA 2023, whereas procurements initiated under the earlier regime—the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be conducted and overseen in accordance with that legislation. For background reading, see Practice Note: Public procurement law—reform [Archived]. Securing value is a central concern in public procurement, since public services are ultimately financed by the taxpayer. The law therefore imposes specific obligations on public authorities that outsource services, so that they achieve the best possible value. The obligations discussed in this Practice Note are
Construction
PRACTICE NOTES
Stop Press
On 24 February 2025, the principal provisions of the Public Procurement Act 2023 (PA 2023) take effect. We are in the process of reviewing and updating our materials. Please note that procurements launched on or after 24 February must be conducted under PA 2023, while those initiated under the previous regime—the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be tendered and administered in line with that legislation. For information, see Practice Note: Key Implications of the Procurement Act 2023 for Construction Lawyers.
Brexit impact—public procurement
The UK public procurement framework originates in EU procurement law and is therefore affected by the UK’s withdrawal from the EU. For general updates on the process and preparations for Brexit, see Practice Note: Brexit timeline. For further reading on the
Construction
PRACTICE NOTES
Reform of anti-social behaviour powers (2014)
The Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014) overhauled the measures for tackling anti-social behaviour (ASB), seeking to bring remedies together and make their use simpler and more effective. In July 2014, the government released fresh statutory guidance, ‘Reform of anti-social behaviour powers: statutory guidance for frontline professionals’. That guidance was refreshed in August 2019 and again in January 2021 to incorporate the Sentencing Code, introduced by the Sentencing Act 2020 (SA 2020), which repealed and replaced ABCPA 2014, Pt 2, and it has been updated regularly since. The opening section of the statutory guidance prioritises victims, placing them at the heart of the response to ASB. Across the document there is a strong focus on ensuring the powers are deployed properly and in proportion to the particular conduct creating harm or nuisance. In July 2022, the Home
Local Government
PRACTICE NOTES
This Practice Note explores certain matters that can arise when enforcing security by appointing a receiver over property held on trust. It also addresses trust considerations in the setting of security granted by a partnership. Several banks have experienced issues when relying on standard-form security documents where their client is a partnership and the secured property is either used by the partnership or constitutes a partnership asset. Commonly, enforcement pitfalls have not been anticipated when the security is taken, and the standard documentation has not been modified to accommodate this.
Trusts of land
HM Land Registry’s Land Register records ownership of the legal estate in land—the ‘paper title’—that is, the rights of the registered proprietors to execute a valid transfer passing ownership to another person. The Land Register does not record the beneficial (equitable) interest and, as a result, the Land Registrar is not fixed with
Restructuring & Insolvency
PRACTICE NOTES
This Practice Note outlines the practical issues that local authority landlords should consider when confronted with a housing disrepair claim in England. It explains the foundation for a repair claim and the practical steps to take when managing a claim, including whether the matter could be addressed through alternative dispute resolution outside the court process. It also covers the Awaab’s Law regime implied term and the new statutory time frames for local authority landlords to investigate and remedy specified emergency and HHRS hazards.
The basis for a disrepair claim
It is essential to understand the grounds on which a claim can be brought, together with some basic procedural points.
Disrepair claims arise principally under contract and statute, and the basis of each is summarised below.
Where there is a tenancy agreement, the claim will typically be for breach of contract. A copy of the tenancy
Local Government
PRACTICE NOTES
Introduction
War risks insurance brings together a range of distinct hazards, grouped largely for historical reasons, as they were once excluded from, or not embraced by, standard marine cover. The method used to insure war risks prior to 1982/1983 was intricate. Certain perils were carved out of marine insurance by a warranty requiring the subject-matter to be ‘free of capture and seizure’ (‘f. c. & s.’). War risks insurance stepped in to protect against those very perils removed by the f. c. & s. clause. This Practice Note concentrates on war risks insurance for marine hull and marine cargo as arranged in the London market, although much of it is equally relevant to other categories of marine war risks insurance (eg marine liability insurance). For hull insurance, the assorted war-related perils are now consolidated within the Institute War and Strikes
Insurance & Reinsurance
PRACTICE NOTES
Alongside the more familiar company voluntary arrangements (CVAs) and individual voluntary arrangements (IVAs), insolvency law allows insolvent general partnerships to propose compromise terms to their creditors. Such arrangements are called partnership voluntary arrangements (PVAs). When considering any proposal of this kind, partners should remember that they remain fully and personally responsible for all partnership liabilities. Accordingly, in the vast majority of cases it is prudent for each partner to put forward an IVA as well, in order to ensure their own position is comprehensively safeguarded.
Applicable legislation
Part II of the Insolvent Partnership Order 1994 (SI 1994/2421) (IPO 1994), as modified by the Insolvent Partnership (Amendment) (No 2) Order 2002 (SI 2002/2708), applies the CVA regime in Part I of the Insolvency Act 1986 (IA 1986) to insolvent partnerships via a PVA (IA 1986, s 420). The IPO 1994, SI 1994/2421, also extended the then IA 1986, Sch A1 to
Restructuring & Insolvency
PRACTICE NOTES
Practice Note
This Practice Note sets out key considerations that arise in personal injury litigation when the claimant or the defendant becomes insolvent. It is important first to draw a clear line between them both. At the outset, it is necessary to separate two connected, yet different, ideas. A company is treated as insolvent either because it cannot discharge debts as they fall due, or because the aggregate value of its assets is lower than its total liabilities. While the Insolvency Act 1986 (IA 1986) is less direct in expression, the same benchmarks apply to deciding whether an individual is insolvent. Insolvency as a concept must be kept apart from the factual issue of whether an individual or a company is actually subject to a formal insolvency process. For corporate entities, the principal procedures are liquidation and
PI & Clinical Negligence
PRACTICE NOTES
A landlord may bring an introductory tenancy to an end only by securing and enforcing a court order for possession. Possession is mandatory, so the landlord need not prove any ground. Even so, no order will be granted unless the notice requirements for introductory tenancies have been met.
Notice of Proceedings for Possession
The landlord must give the tenant a Notice of Proceedings for Possession which sets out:
its intention to apply to the court for a possession order
the reasons it seeks possession
the earliest date on which proceedings may start
confirmation of the tenant’s right to have the decision reviewed
the deadline for requesting a review
that the tenant may obtain advice from a Citizens' Advice Bureau, a housing aid centre, a law centre, or a solicitor
No particular form is prescribed for a Housing Act 1996, section 128 notice. The information required by HA 1996, s 128(7) need not appear on a
Local Government
PRACTICE NOTES
Background
The long-anticipated Procurement Act 2023 (PA 2023) took effect on 24 February 2025, superseding the UK’s procurement framework as it had operated over the last ten years. Driving this change was the declared ambition of successive post‑Brexit administrations to streamline and bring together the prior regime, a system heavily shaped by EU directives and judicial decisions and interpreted through case law. In pursuit of that goal, the legislation seeks to carry through several measures first trailed in the December 2020 Green Paper, ‘Transforming public procurement’, together with the government’s ensuing response. True to the intention of overhauling the former rules, the PA 2023 also recalibrates, albeit modestly, the emphasis placed on its core objectives and adjusts the focus of the regime...
Construction
PRACTICE NOTES
Nature and purpose of P&I insurance
Protection and indemnity (P&I) insurance is a niche liability policy purchased by shipowners, certain charterers, and others involved in the commercial running of deep-sea vessels. Its core role is to compensate shipowners for third-party claims and to bridge gaps where other marine policies, including hull and machinery or war risks covers, do not respond. To call at or depart from most ports worldwide, ships—or at least those above defined minimum tonnages—must hold liability cover or comparable financial guarantees for specified classes of claims. In practice, merchant fleets meet these obligations through P&I cover. P&I insurance is, therefore, an essential partner to international trade.
P&I Clubs and the International Group of P&I Clubs
P&I insurance traces its roots to the 18th and 19th centuries, when shipowners formed associations to mutually insure exposures left outside the scope of the
Insurance & Reinsurance
PRACTICE NOTES
Stop Press :
On 24 February 2025, the core provisions of the Public Procurement Act 2023 (PA 2023) take effect. We are in the process of reviewing and refreshing our material accordingly. Note that procurements launched on or after 24 February must proceed under PA 2023, whereas those initiated under the earlier regime must continue to be run and managed in line with that legislation:
Public Contracts Regulations 2015 (PCR 2015)
Utilities Contracts Regulations 2016
Concession Regulations 2016
Defence and Security Public Contracts Regulations 2011
For background, see Practice Note: Key Implications of the Procurement Act 2023 for Construction Lawyers.
Brexit impact—public procurement
The UK public procurement framework originates from EU procurement law and is therefore affected by the UK’s departure from the EU. For general updates on the process and preparations for Brexit, see Practice Note: Brexit timeline. For further reading on Brexit’s effect on public
Construction
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained.
The rent a tenant is required to pay is set out in the tenancy agreement binding the landlord and the tenant, which also regulates their legal relationship. Many agreements allow for rent to be increased during the term, especially where both parties foresee a longer tenancy. Conversely, where the arrangement is for a short, fixed period (as with many assured shorthold tenancies), the rent may stay at a single level for that fixed term. Exactly how rent is fixed, and what rights each party has in relation to increases, will depend on the type of tenancy. The key tenancy types and the legal rules that govern rent setting are outlined below.
Private sector tenancies
Rent Act tenancies
What is a Rent Act tenancy?
Most private sector tenancies today are assured or assured shorthold tenancies under the Housing Act 1988 (HA
Local Government
PRACTICE NOTES
What is the ?
The forms part of the First Tier Tribunal (FTT) within the Health, Education and Social Care Chamber (the Tribunal). Decisions of the FTT can be appealed to the Upper Tribunal (UT). The FTT considers appeals concerning children and young people with special educational needs (SEN), as well as disability discrimination claims relating to schools and local authorities (LAs), including exclusions from school.
How is a panel constituted?
FTT panels are generally constituted of three members, though two-member panels are increasingly common. The panel is always chaired by a legally qualified member, while the others have substantial experience of SEN and disability matters. The UT consists of a single legally qualified member.
When can an appeal be made to the First Tier Tribunal?
All parents/guardians and young people have a right to appeal to the FTT:
against any amendment to an education, health and care plan
Local Government
PRACTICE NOTES
This Practice Note sets out clearly and clarifies precisely what amounts to unlawful eviction, when and how it can arise in a civil context, the civil remedies on hand and available, and any knock-on causes of action.
Unlawful eviction
Unlawful (or illegal) eviction is defined by the Protection from Eviction Act 1977 (PEA 1977) and constitutes a criminal offence in law. A claim for unlawful eviction occurs where a landlord, or any other individual, removes or seeks to remove a residential occupier from their home and occupation without using the lawfully prescribed process.
A ‘residential occupier’ means a person living in the premises as a residence, whether under a contract or by virtue of any enactment or rule of law that gives them a right to remain in occupation or limits another’s right to recover possession of the premises. This definition extends to tenants and
Local Government
PRECEDENTS
This Contract is dated [ date ]
Parties
Between [ name and address of lead agency/agencies ]
And [ name of individual and address ]
[ name of individual ] accepts the following regarding future behaviour –
ARCHIVED: This Precedent has been archived and is not maintained.
Personal behaviour
I will not intentionally cause damage to any property in or around [ specify area ].
I will refrain from writing graffiti in or around [ specify area ].
I will not hurl any objects, including stones, at residents or passers-by in or around the estate.
I will not use foul language towards, threaten, or verbally abuse residents or passers-by on the estate.
I will not join groups of [ identify number ] people gathered in stairwells [ specify the area ] or in other communal parts of the
Local Government
Q&As
As at publication, the Master of the Rolls has released three updates (numbers 116–118) that amend parts of the CPR to account for the effects of COVID-19, bringing in three new practice directions: CPR PD 51Y, CPR PD 51Z and CPR PD 51ZA. None of these practice directions have changed any existing requirements in the CPR concerning personal service, so it is still prudent to regard all requirements for personal service...
Dispute Resolution
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