Gatehouse Chambers
26 Experts
30 Contributions by Gatehouse Chambers Experts
Q&As
Section 37 of the Law of Property Act 1925 (LPA 1925) treats spouses as distinct individuals for property ownership. Consequently, the standard trust rules on co-ownership govern their interests, whether held as joint tenants or as tenants in common, in line with LPA 1925, section 36...
Property
Q&As
This Q&A examines the practical issues around serving a claim in an EU Member State during the coronavirus (COVID-19) pandemic. The relevant provisions are those in force before IP completion day (31 December 2020), namely service under Regulation (EC) 1393/2007, the Service Regulation. For guidance on the position after that date, see Practice Note: Cross-border service—serving in an EU Member State. The crucial point is that service in accordance with Regulation (EC) 1393/2007 is mandatory, and the procedure cannot be sidestepped by securing an order for alternative service from the courts of this country, or by other means, as confirmed in Hornan v Baillie. However persuasive the case for alternative service may seem in the present climate, it is simply not available.
Methods of service under the regulation
The principal route under the Service Regulation is for the party serving to send the claim form to the
Dispute Resolution
Q&As
It is assumed that any mention of the ‘Hague Convention’ is a reference to the Hague Service Convention, adopted under the Hague Conference on Private International Law in 1965 (the Convention).
Methods of service under the Convention
The first and central point is that, where the Convention applies, service must be undertaken strictly in line with its rules, and cannot be avoided by seeking an order for alternative service from the courts of this country, or by any other device (Cecil v Bayat); that this requirement is compulsory in all cases, and not merely guidance, is confirmed by the High Court’s approach to Regulation (EC) 1393/2007, the Service Regulation, in Hornan v Baillie.
The primary route for service under the Convention is for the serving party to send the claim form to the ‘Central Authority’ in this jurisdiction (that is, by filing with the Senior Master via the
Dispute Resolution
Q&As
Where a property is registered in the couple’s joint names, any deed conferring a legal mortgage must be executed by both husband and wife, as each is a legal owner. This alone offers a meaningful measure of practical protection. Furthermore, if the couple hold the beneficial interest together as tenants in common, they may make an application for a form A restriction. That restriction will prevent the registration of any transaction initiated by just one of the two legal owners acting alone...
Property
Q&As
We envisage that the healthcare company (the Company) will lease a dwelling from a landlord (the Landlord) and thereafter permit the individual receiving care (the Service User) to live there as a resident. During that period, the Company’s officers and employees (Staff) will provide care to the Service User. We anticipate that Staff will remain at the property only whilst on duty at the property; although they might sleep there or be on-call, no period spent at the property by Staff will amount to a ‘day off’ or ‘recreational time’ (save perhaps for work breaks). In relation to the Staff, this would not seem to constitute accommodation for employment purposes. They maintain their own residences and, when present at the property, would in all likelihood regard themselves as ‘working’...
Property Disputes
Q&As
Changes to CPR PD 22 took effect on 6 April 2020. The revisions modified the mandated wording for the statement of truth that authenticates documents to be deployed in civil proceedings. Nevertheless, under both the old and new versions the signatory must still confirm their belief that the 'contents' of the pertinent documents are true—or, under the updated formula, that the 'facts stated' in the relevant document are true...
Dispute Resolution
Q&As
When a winding-up petition is superseded because the company moves into a different insolvency regime, the writer’s experience is that the court will generally be prepared to grant an order directing that the costs of the petition be treated as an expense of that alternative insolvency procedure. The sole reported decision addressing this point in the context of administrations is Irish Reel Productions Ltd v Capitol Films Ltd. In that matter, the winding-up petition was thrown out at the very hearing at which an administration order was granted. In those circumstances, the court...
Restructuring & Insolvency
Q&As
Rights when assignee’s lease forfeited because of a former leaseholder’s breach
An assignee’s personal exposure for breaches committed before a lease is assigned is restricted, and a tenant will generally be responsible only where the lease contains an express covenant dealing with those breaches and allocating liability. Without such an express term, the landlord has no covenant to pursue against the assignee for defaults that were fully committed prior to the assignment of the lease. Forfeiture, by contrast, is a proprietary remedy rather than a personal one under the lease. It can be exercised by a landlord against a tenant for breach of covenant under that lease. See Practice Note: ....
Property
Q&As
Landlord and Tenant Act 1985, s 18 (LTA 1985)
Section 18 of the LTA 1985 sets out that a service charge is an amount that a tenant of a dwelling is required to pay as part of, or in addition to, the rent, where:
it is demanded, whether directly or indirectly, for services, repairs, maintenance, improvements, insurance, or the landlord’s costs of management; and
the whole or any part of the charge varies, or may vary, according to the relevant costs.
Under s 30 LTA 1985, the term 'landlord' denotes any person who has the right to enforce a service charge, and so this definition may extend to another tenant.
Provided that the 50% contribution paid by the tenant of the first floor flat is variable, rather than fixed, then it constitutes a variable service charge within s 18.
A, as landlord, will be entitled to recover no more than is
Property Disputes
CHECKLISTS
Background
Statutory declarations form an essential component of insolvency processes, arising most frequently when a company proceeds by members’ voluntary liquidation (MVL) under section 89 of the Insolvency Act 1986 (IA 1986), and also when administration is commenced by an out-of-court appointment in accordance with the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 3.17. Section 20 of the Statutory Declarations Act 1835 (SDA 1835) sets out the required form of the declaration, as contained in the Schedule to that Act. Under SDA 1835, s 19, a fee is payable, the amount of which is fixed by the Commissioners for Oaths (Fees) Order 1993, SI 1993/2297. The fee is £5 for taking an affidavit, declaration, or affirmation, together with an additional £2 for each exhibit referred to therein that must be marked, or for every schedule that is required to be
Restructuring & Insolvency
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