Latest Chambers News
New Chambers case on collective enfranchisement, details of our new online resource, a Protocol for applications for consent to assign or sublet and Right to Manage, Mandatory and Directory requirements, and Leasebacks.
New Protocol, New Arbitrators
We are pleased to announce the launch of a new Property Protocol, and new appointments as FCIArb.
Commercial First Business Ltd v Munday & Anor  EWCA Civ 1296
Nathaniel Duckworth appears for the successful Respondent in an important new case on cross-security under mortgages.
Falcon Chambers are pleased to announce that Toby Boncey and Tricia Henmans have joined Chambers following their successful completion of pupillage.
Tindall Cobham 1 Limited & Others v Adda Hotels (An Unlimited Company) and others  EWCA Civ 1215
Kirk Reynolds appears for the successful appellants in the expedited appeal from the decision of Peter Smith J, on intra-group assignments, anti-avoidance and surety covenants.
Kosta v Trustees of the Philimore Estate  UKUT 0319 (LC)
Gary Cowen appeared for the successful Respondent in this long-awaited appeal concerning relativity in leasehold enfranchisement claims.
Regent Wealth Ltd v Wiggins  EWCA Civ 1078
Jonathan Gaunt QC and Anthony Radevsky acted for the Appellants and Stephen Jourdan QC acted for the Respondent.
Tindall Cobham 1 Ltd v Adda Hotels  EWHC 2637 (Ch)
Kirk Reynolds QC appeared for the successful Claimants in a significant case considering K/S Victoria and intra-group transfers.
Latest Chambers News to 30th August 2014
New Chambers cases on restrictive covenants, service charges, assured shorthold tenancies and possession proceedings, human rights and lease extensions, valuation, trusts of land, adverse possession, easements, rights of way, agricultural land, service charges, Section 20C Applications, legal costs and Leasehold Reform Act 1967.
McDonald v McDonald & Anor  EWCA Civ 1049
The Court of Appeal rules that the Article 8 defence to possession claims cannot be invoked against private landlords.
Westbrook Dolphin Square Ltd v Friends Life Ltd  EWHC 2433 (Ch)
Judgment on the biggest-ever collective enfranchisement under the 1993 Act.
Manchester Ship Canal Company Limited v United Utilities Water Plc  UKSC 40
Jonathan Karas QC appeared for the successful appellant, United Utilities, in a landmark Supreme Court decision on the rights of sewerage undertakers to discharge into private watercourses under the Water Industry Act 1991. The Supreme Court unanimously held that they could, provided the discharge pre-dated the coming into force of the 1991 Act. To that extent, statute had overridden the common law of trespass.
New Edition of Hague on Leasehold Enfranchisement co-authored by Anthony Radevsky
A new, 6th edition of Hague on Leasehold Enfranchisement is to be published on 31st July 2014, by Sweet and Maxwell.
Evans v Wimbledon & Putney Conservators  EWCA Civ 940
Court of Appeal decision on statutory powers of the Conservators to grant easements to facilitate development. Guy Fetherstonhaugh QC for the respondent.
Latest Chambers News to 30th June 2014
New Chambers cases on adverse possession, wayleaves and service charges/disrepair, rights of way and rights to park, mortgages, party walls, leasehold enfranchisement, consent to alterations and appointment of a manager.
Boots UK Limited v Goldpine Estates Limited LTL 19/06/2014, Court of Appeal
The first consideration by the Court of Appeal of the relationship between sections 24C and D of the Landlord and Tenant Act 1954 (interim rent). Tamsin Cox appeared for the Respondent.
Loose v Lynn Shellfish Limited  EWCA Civ 846
Important new decision of the Court of Appeal on the scope of a presumed lost ancient grant of a shell fishery. Guy Fetherstonhaugh QC and Phillip Sissons appeared for the appellants.
London Borough of Newham v Zulfiqar Ali  EWCA Civ 676
Court of appeal suspends the effect of an injunction.
Church Commissioners for England, R v Hampshire County Council & Anor  EWCA Civ 634
A new and important decision of the Court of Appeal on the registration of town and village greens.
Davies v Davies  EWCA Civ 568
Timothy Fancourt QC and Elizabeth Fitzgerald appeared in this appeal.
MARKS & SPENCER PLC v BNP PARIBAS SECURITIES SERVICES TRUST CO
This is an important decision of the Court of Appeal on the question of the payment of rent required from a tenant when seeking to exercise a break clause under a lease.
Friends Life Ltd v Siemens Hearing Instruments Ltd  EWCA Civ 382
In Friends Life v Siemens Hearing Instruments, the Court of Appeal upheld the requirement for strict compliance with terms of break options
Fulham Broadway Trustees No.1 Ltd v Telefonica UK Ltd  EWHC 1048 (Ch)
Arbitration claim regarding a commercial rent review in the Fulham Broadway Shopping Centre.
Erimus Housing Limited v Barclays Wealth Trustees (Jersey) Limited  EWCA Civ. 303
The Court of Appeal reverses a decision of the Chancery Division.
First Great Western v Jones  EWCA Civ 301
First Great Western v Jones. Station operator retains right to control access to public taxi rank. Jonathan Small QC and Ewan Paton appeared in the Court of Appeal for the successful respondents
Innerspaces Self Storage Ltd v Harding & Ors  EWCA Civ 46
Philip Sissons appeared in the Court of Appeal
Topland Portfolio No.1 Limited v Smiths News Trading Limited  EWCA Civ 18.
Edward Cole appeared for the successful guarantor in a significant decision of the Court of Appeal regarding the rule in Holme v Brunskill.
Free Grammar School of John Lyon v Helman  EWCA Civ 17.
Court of Appeal case.
Falcon Chambers Seminars 2014
Falcon Chambers is pleased to offer a series of practical seminars on various aspects of
Chambers Top 100
Nicholas Dowding QC and Janet Bignell named in the Chambers 100 UK Bar.
Ham v Ham  EWCA Civ 1301
Nathaniel Duckworth appeared in a recent important decision about the true construction of a poorly-drafted partnership deed.
Spencer v Taylor  E.W.C.A. Civ 1600
Notices under section 21 of the Housing Act 1988
Couper v Albion Properties & Port of London Authority
A complex case involving proprietary, riverine and riparian rights and wide ranging claims in tort.
Chambers Bar Awards 2013
Another Successful Evening for Falcon Chambers
New Book published
The Law and Practice of Charging Orders on Land
Required wording not a strict condition of exercise of break option.
Siemens Hearing Instruments v Friends Life
Calderbank offers in the context of rent only 1954 Act disputes.
Centreland Management LLP v HSBC Bank Pension Trust (UK) Ltd 2013, 4th July.
Right to a free supply of water under a 99-year lease
Welsh Water sought arrears of water charges from Mr Abberley who owns and runs a dairy farm near Llandrindod Wells.
Enfranchisement Awards 2013
Falcon Chambers wins two awards
New Book published
Commercial and Residential Service Charges, written by Adam Rosenthal, Elizabeth Fitzgerald, Nat Duckworth, Oliver Radley-Gardner and Philip Sissons
Telford Homes (Creekside) Limited v Ampurius Nu Homes Holdings Limited  EWCA Civ 577
On 23 May 2013, the Court of Appeal gave judgment in Telford Homes (Creekside) Limited v Ampurius Nu Homes Holdings Limited  EWCA Civ 577.
Martin Rodger QC
Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Limited  EWHC 1279 (Ch)
The first case in which a tenant has succeeded in obtaining reimbursement of the balance of the quarter’s rent referable to the period following a break date.
Khans Solicitors v Chifuntwe and Secretary of State for the Home Department  EWCA Civ 481
Court of Appeal Judgment
Latest Court of Appeal Decision on "what is a house?"
Henley v Cohen  EWCA Civ 480
Compton Beauchamp Estates Limited v Spence  EWHC 1101 (Ch)
Daejan Investments v Benson  UKSC 14
On 6 March 2013, the Supreme Court allowed the landlord’s appeal against the decisions of the LVT, Upper Tribunal and Court of Appeal.
Lewison’s Drafting Business Leases by Janet Bignell
The eighth edition has been published
Manchester Ship Canal Limited v United Utilities  EWCA Civ 40
Supreme Court hearing likely on implied powers of sewerage undertakers to continue to discharge sewage after privatisation of the water industry
Jonathan Karas QC
Silk joins Falcon Chambers
In Fitzpatrick v Sarcon (No 177) Ltd
Case in the Court of Appeal of Northern Ireland
Priorities arising from Tomlin Order.
Hughmans Solicitors v Central Stream Services Limited (in Liquidation)  EWCA Civ 1720
Falcon Chambers Seminars
Chambers is pleased to offer a series of practical seminars on various aspects of property law.
Court of Appeal decision in Charles Terence Estate v Cornwall Council  EWCA Civ 1439 overturns decision that Council’s breach of duty rendered leases void
No escape from leases for local authority
Chambers Bar Awards 2012
Real Estate Junior of the Year
Latest Supreme Court decision on meaning of house
Hosebay Ltd v Day, Lexgorge Ltd v Howard de Walden Estates Ltd  UKSC 41
Falcon Chambers nominations for Chambers Bar Awards
Chambers nominated in all three Real Estate categories.
Smithfield lease renewal – traders depressed by Sales
Mr Justice Sales has given judgment in the trial of two preliminary issues in the case of Edwards & Walkden (Norfolk) Limited and ors v The Mayor and Commonalty and Citizens of London  EWHC 2527 (Ch), in which Martin Rodger QC and Joe Ollech represented the successful Defendant landlord.
Bermuda test case
Jonathan Small QC and Nat Duckworth have successfully acted for the appellant in Director of Land Valuation v Banks.
President of the Supreme Court: Lord Neuberger of Abbotsbury
An ex-member of Falcon Chambers has been named as the next President of the Supreme Court of the United Kingdom
New Chairman of Chancery Bar Association
Tim Fancourt QC is appointed the new Chairman.
Westbrook Dolphin Square Ltd v Friends Life Ltd  EWCA Civ 666
The Court of Appeal has allowed the appeal of the nominee purchaser in a collective enfranchisement claim concerning Dolphin Square.
New High Court decision on payment of rent as an administration expense: In re Luminar Lava Ignite
Decision on recovering possession and rent from administrators
Waiver of tenant’s obligation to carpet flat
Faidi v. Elliot Corporation  EWCA Civ 287
Court of Appeal decision on sale and leaseback transactions
Cook v The Mortgage Business Plc  EWCA Civ 17
Smith v Jafton Properties Ltd  01 EG 56
Court of Appeal decision
Enforcement of restrictive covenant makes national headlines
Edward Peters acted for local residents who successfully forced Taylor Wimpey to demolish 17 homes and garages which they had started building in breach of a 1936 restrictive covenant.
Court of Appeal decision on registered rights of common
The Court of Appeal has given judgment in the case of Dance v. Savery  EWCA Civ 1250 in which John Summers acted for the successful Respondent.
Chambers UK Guide to the Bar 2012
Falcon Chambers ranked number one again.
Chambers Bar Awards 2012
Falcon Chambers wins again!
Legal 500 - 2011
New edition of Legal 500 published.
Restrictive covenant – meaning of “a dwelling-house”
Parsons v. Thatchers Wood Residents Company Ltd (LTL 20/10/2011)
Two new tenants for Falcon Chambers
Jamie Sutherland and Kester Lees
Leases washed away by Cornish shower
Charles Terrence Estates Ltd v The Cornwall Council  EWHC 2542 (QB)
Mr Justice Lewison appointed to Court of Appeal
Developer’s claim for £28m lost profits rejected by High Court.
Multivesti 226 v. NI Summer Row Unit Holder  EWHC 2026 (Ch) (Lewison J)
Falcon Chambers participates in London Legal Sponsored Walk
5 walk for London Legal Support Trust
Enfranchisement Chambers of the Year
Court of Appeal allows estate agents’ appeal and awards £1 Million commission
Glentree Estates Limited v Favermead Limited  EWCA Civ 1473
Court of Appeal decision on approach to marriage value
Judgment in McHale v Cadogan  EWCA Civ 1471
Pupillage Applications for October 2012
The Application Form for pupillage commencing October 2012 is now available:
Falcon Chambers is once again holding its successful seminar series aimed at property practitioner up to 5 years PQE.
Chambers UK Guide 2011
Once again Falcon Chambers has been ranked as the leading set in both Real Estate Litigation and Agriculture and Rural Affairs.
Fisher & Lightwood 13th Edition
The 13th edition of Fisher and Lightwood’s Law of Mortgages has recently been published.
The Chambers Bar Awards 2010
Falcon Chambers wins two awards
Legal 500 2010
"The advice given at specialist property set Falcon Chambers is 'excellent at all levels of experience' "
Legal 500 2010
Bocardo SA v Star Energy
On 28 July the Supreme Court gave judgment in the important trespass case of Bocardo SA v Star Energy  UKSC 35. Jonathan Gaunt QC and Edward Peters appeared for Bocardo.
PGF II SA v Royal & Sun Alliance Insurance: High Court decision on dilapidations
On 13 and 29 July the High Court gave judgment in the dilapidations case of PGF II SA v Royal & Sun Alliance Insurance  EWHC 1459 (TCC). Jonathan Small QC and Edward Peters appeared for the successful claimant PGF.
Court of Appeal decision on the admissibility of extrinsic evidence in interpreting conveyances
Pennock & Pennock v Hodgson  EWCA Civ 873
Court of Appeal considers the assessment of restitutionary damages for trespass
Stadium Capital Holdings v St Marylebone Properties Co PLC (2010), 15 July 2010
Court of Appeal gives judgment on meaning of “house”
Day v Hosebay Ltd, Howard de Walden Estates Ltd v Lexgorge Ltd  EWCA Civ 748
High Court decision on breach of bulk purchase property contract
On 9 June 2010, the High Court dismissed the claim of Regency Flats Limited for £4.2 million in damages for breach by Boatport Limited of a contract for the sale and purchase of 171 new build flats in London Docklands. Neutral citation:  EWHC 1327 (Ch). Timothy Fancourt QC and Daniel Robinson acted for the successful Defendant, Boatport.
High Court decision on termination clause in agreement for lease
On 27 May 2010, Kitchin J gave judgment in Dominion Corporate Trustees v Debenhams Properties  EWHC 1193 (Ch). Stephen Jourdan QC appeared for the successful landlords.
Court of Appeal confirms treatment of tenant improvements on expiry of long residential leases
Hughes v Borodex Ltd  EWCA Civ 425
Court of Appeal decision on plans and boundaries
Huntley v Armes  EWCA Civ 396.
Court of Appeal commends consistency in construction of break clauses
Aviva Life & Pensions UK Ltd v Linpac Mouldings Ltd  EWCA Civ 395
High Court decision on rights under Electronic Communications Code
Grant of permission to appeal to Supreme Court
Bocardo SA v Star Energy UK Onshore Ltd
High Court decision on payment of rent by administrators
7th December 2009
Court of Appeal decision on diminution in value of reversion
Van Dal Footwear v Ryman Ltd (3rd December 2009) the Court of Appeal
Privy Council decision on adverse possession
Higgs v Leshel  UKPC 47
New Edition - Compulsory Purchase and Compensation
Ninth Edition published.
High Court judgment on adverse possession
Please be aware of this potential fraud