Long leasehold disputes - Alterations in residential properties

Long leasehold disputes - Alterations in residential properties
When you lease out your property you give day to day control to your tenant. However, sometimes a tenant can alter or use the property in a way that wasn't agreed. So, as a freeholder, what would do you do about unauthorised alterations in residential property that has been let on a long lease? Long leaseholds are normally for 99 or 125 years, alth...
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75 Hits

S Franses Ltd v The Cavendish Hotel Ltd

S Franses Ltd v The Cavendish Hotel Ltd
The Supreme Court has ruled that a hotelier landlord could not oppose a Section 26 Notice requesting a new tenancy on the grounds of 'intended' works. The case of S Franses Ltd v The Cavendish Hotel (London) Ltd highlights the protection afforded to tenants by the Landlord and Tenant Act 1954. S Franses Ltd is a textile dealership and consultancy a...
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  277 Hits
277 Hits

Supreme Court Rules on Property Agent Commission Dispute

Supreme Court Rules on Property Agent Commission Dispute
The Supreme Court recently ruled on an Appeal where a property vendor refused to pay an estate agent the commission owed. The case highlights the importance of a clear agreement in accordance with the Estate Agents Act 1979 and the legal recourse available. The case dealt with two main issues: i. the status of an agreement between an estate agent a...
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  298 Hits
298 Hits

Commonhold Ownership - The Basics

Commonhold Ownership - The basics
All property in England and Wales is owned on either a freehold basis or a leasehold basis. Flats are almost universally sold as leasehold property. In 2002 commonhold was introduced to enable the freehold ownership of flats. However, since 2002 fewer than 20 commonholds have been created. So what exactly is it? Freehold is ownership that...
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  1549 Hits
1549 Hits

Mediation – the unsung hero in legal proceedings?

Mediation-1
The Civil Justice Council working party recently published a paper on mediation which showcased that the process wasn’t being used enough within litigation proceedings – but why?

It was determined that this form of alternative dispute resolution (ADR) is not a concept at the forefront of parties’ minds as a means to concluding litigation.  Reasons given were that too many lawyers see the process as flawed, too many clients want their day in court and too many mediators are failing to convince those involved that they can offer a tangible benefit.     

The report acknowledges that to date, efforts made to make ADR integral to the litigation process have been extremely patchy and that measures to encourage mediation – signposts, threats of sanctions and professional obligations on lawyers – are well crafted and thought out, but ultimately, not working. 

Making mediation compulsory has previously been discussed and subsequently dismissed. However, the working party makes clear in their report that this conversation is needed again.  It is suggested that there are those who would support moves to ensure ADR is a condition of access to courts or progress beyond a case management conference. 

Currently, clinical negligence and personal injury claims make up just 1% of mediator caseloads.

Ultimately, mediation is all about compromise, which is lost the minute you go to court and the outcome of the case turns on the opinion of a single judge sitting alone. Therefore, it is surprising there is not more uptake given the risks and costs of proceeding to trial. 

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433 Hits

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