Introduction
Welcome to the first edition of the Property Newsletter from
Gatehouse Chambers, coming to you from our brand new premises at 1
Lady Hale Gate in Gray’s Inn, recently opened by Lady Hale
herself. We are so excited to be in our new home. We hope, like us,
you had a fantastic summer (let’s not speak of the weather!)
and whether you’re still working from the kitchen table, back
in the office, or a mix of the two, that you’re refreshed and
raring to go for whatever the month has in store.
This month James Hall looks at the recent decision in
Ralph v Ralph [2021] EWCA Civ 116 and whether the doctrine
of rectification for common mistake operates on the same principles
for all types of contract. Amanda Eilledge reflects on the recent
decision by Morgan J in Victus Estates (2) Ltd and others v
Munroe; Benjamin v Victus Estates (1) Ltd and another [2021]
EWHC 2411 (Ch), dealing with forgery, shams and the
availability (or not) of the defence of illegality in property
transactions.
Claire Gallacher spins the wheel of questions
this month.
The next newsletter will be published in October.
Carl Brewin – Editor
Welcome, Gemma de Cordova!
We are delighted that Gemma de Cordova has joined Gatehouse
Chambers’ Property Team! Gemma is a specialist property
barrister with experience across a wide variety of real estate
disputes including commercial landlord and tenant, leasehold,
development and real property. Find out more about her expertise here.
Activity report – what we have been up to and what we’ll be
getting up to over the coming month
John de Waal QC managed to mediate (remotely)
a case to a successful conclusion whilst he was in Austria this
summer and is busy with professional negligence claims this
Autumn.
Brie Stevens-Hoare QC has been cycling her way
through the summer on a heavy diet of boundaries and cladding
related issues from all perspectives. She has allowed herself to be
persuaded by others to cycle from London to Brighton for charity!
Knowing her distaste for all things exercise and lycra we wonder if
she has exceeded her own boundaries!
Peter Petts has been perfecting the prose of
this learned tome, Forfeiture of Leases (Law Society
Publishing), due for publication this month. Jamal’s been
colouring in the pictures.
Jamal Demachkie has been studiously correcting
all of Peter’s errors in their upcoming publication,
Forfeiture of Leases. Available in all good bookshops
soon.
John Clargo has been dealing with some
complicated forfeiture issues and looks forward to getting his copy
of the new book to see whether he has got the answers right. He has
also been dealing with a pleasant mixed bag of instructions in
relation to highway verges, registration of charges, prescriptive
easements, severed reversions, rent review and some interesting
lease construction points; all while tending to Covid-infested
family members and being solely responsible for walking the
dog.
Monty Palfrey is looking forward to getting
away at the end of the month after a busy Summer. He might even get
away before the book of the year comes out.
James Hall has been dealing with more
property-related professional negligence, including land
registration issues, development monitoring issues and litigation
gone wrong over forfeiture, service charges and the transfer of
property portfolios. So, quite busy, following a lovely staycation
during the short spell of good weather at the start of the
Summer!
Andrew Skelly has been getting to grips with
commercial rent arrears resulting from the Covid-19 lockdown
restrictions; he has obtained an order setting aside a substantial
default judgment relating to rent arrears, where the arrears arose
during the periods of lockdown (the ‘ring-fenced’ arrears,
which will be the subject of promised legislation).
This month has been all about mortgage fraud for Amanda Eilledge, in addition to a very
interesting case about a lease, a school and a football pitch. She
also enjoyed a very cold camping trip on the North Norfolk
coast.
Lina Mattsson had a busy August with a
disputed 54-Act trial, various boundary disputes with some
interesting adverse possession arguments. She has also spent two
full days at Legoland, which involved endless roller coaster and
spinning freefall rides. Next stop, Alton Towers!
Daniel Gatty spent quite a lot of his time on
property-related professional negligence cases along with the usual
miscellany of landlord and tenant and real property disputes before
heading off to a distinctly grey and cool Norfolk (where he
didn’t bump into Amanda Eilledge, alas).
Upcoming events
Gatehouse Chambers #Brew: Non-Domestic
Rates – Empty Buildings and Rates Mitigation
Schemes
23 Sep 2021, 12:00 pm
Faisel Sadiq and Priya Gopal review the efficacy of rates
mitigation schemes for empty properties post London Borough of
Southwark v Ludgate House Limited [2020] EWCA Civ 1637 and
Hurstwood Properties v Rossendale Borough Council [2021]
UKSC 16.
J2J Property – Laying the Foundations -
Insolvency for Property Lawyers
05 Oct 2021, 11:00 am
Amanda Eilledge and Katrina Mather will provide an overview for
junior property lawyers. Further details to be announced in the
coming weeks.
Please contact our Events Team if you would like to register your
interest in any of these events. The joining instructions for each
session will be circulated in due course.
Common mistake, rectification and the danger of
box-ticking
The remedy of rectification for common mistake continues to be a
fertile source of difficult cases and appellate decisions, the
latest of which was handed down on 22nd July 2021 in
Ralph v Ralph [2021] EWCA Civ 1106. The
judgment makes for interesting reading and throws up questions
which may yet need to be answered in future cases, particularly
regarding whether the doctrine of rectification for common mistake
operates on the same principles for all types of contract or other
documentary disposition and no matter what context they have arisen
in (spoiler: there are already a couple of exceptions: and the
Court of Appeal clearly thinks there may be more).
Click here to read the full article by James Hall.
Forgery, shams and the defence of illegality in property
transactions
Amanda Eilledge takes a look at Victus
Estates (2) Ltd and others v Munroe; Benjamin v Victus Estates (1)
Ltd and another [2021] EWHC 2411 (Ch).
Click here to read the article.
Did you see? You may have missed…
No. 1 West India Quay (Residential) Ltd v East Tower
Apartments Ltd[2021] EWCA Civ
1119
Service charges; s.20B(1) of the Landlord and Tenant Act
1985; contractually valid demand; contractual costs
Click here to read the case summary from Lina Mattsson.
Wheel of Questions
Each month, a member of our property team has to spin ‘the
Wheel of Questions’ and answer the first three questions that
come up. This month our Practice Manager, Claire Gallacher tried her luck with the
wheel.
What’s something you say you’ll do, but never
will?
Learn another language!
You can eat one thing for every meal, what would you
eat?
Chicken Katsu Curry
What are you most afraid of?
Being on a Submarine (watching Vigil has made me paranoid!)
Want to try for yourself?
Click on the wheel below!
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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