Yearly Archive November 17, 2021

ByMichael Morrison

Landlord and Tenant – Commercial

Commercial tenants have been given a stay of execution by the Government on unpaid rent and evictions, that have accumulated during the pandemic, until March 2022. This has been instituted so that serious negotiations between the parties can now ensue to mitigate any credit damage that would be caused by court judgments.

In March a new arbitration process will commence in an attempt to provide closure for any stubborn organisations.

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ByMichael Morrison

Residential Conveyancing is Getting Busy in London

People returning to offices have started an avalanche of conveyancing transactions as they tire of the commute and its cost into London from the home counties and beyond where they have sought refuge during the pandemic and are buying properties in the metropolis once again. A significant rise in prices has been noticed recently.

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ByMichael Morrison

Get Divorced Online Now

Solicitors now have to process divorce applications on line which has reduced the time it takes from 15 months to 5 months. They are carried out through the MyHMCTS portal and have been successful whilst in its optional use phase as only 1% of applications have had to be referred back to solicitors for amendments as opposed to 30% for paper applications.

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ByMichael Morrison

Grounds of Appeal

The Master of the Rolls, Sir Geoffrey Vos, recently handed down a judgment in the Court of Appeal which seeks to clarify how Grounds of Appeal should be drafted:-

i) The grounds of appeal are an essential analytical tool for the court, to enable it to identify the issues which it is being asked to decide: they are not a vehicle for advocacy, which is the role of the skeleton argument.

ii) The starting point in every case must be for the appellant to think through carefully what specific errors the court below is alleged to have made. Once these errors have been identified, they need to be clearly and concisely articulated. In the unlikely event that the grounds are numerous, they must be presented in a structure which makes clear how they inter-relate.

iii) Each ground of appeal must be separately numbered, and the particular passages in which the judge appealed is said to have gone wrong must be specifically identified.

iv) The purpose of the grounds of appeal is to identify the points on which permission to appeal is sought, not to argue those points. Supporting submissions belong in the skeleton argument.

v) It follows that grounds of appeal should be short; in many cases, a few sentences will suffice. In a complex case, grounds of appeal may be longer, but clarity and concision should never be compromised.

This was a case in which exceptionally a permission to reopen a permission to appeal application under CPR 52.30 was allowed.

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ByMichael Morrison

Divorce Case Funding

Many of the family law solicitors we recommend have become involved in case funding arrangements with litigation funders. Multi million pound cases are often launched in this way today which generally take place in the High Court. Successful claimants are now able to be awarded a fare share of the couples assets which can be traced and seized if the opposing party fails to comply with the courts order.

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ByMichael Morrison

Damages Based Settlement Agreements

Three principles have recently been established by case law in relation to these agreements. They are:-
i) Lawyers can charge for their time if the agreement is ended prematurely
ii) They will not be permitted unless a reasonable amount could be recovered from the claimant
iii) They are not the same as agreements for litigation funding.

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ByMichael Morrison

Commercial Property

Student housing has become an attractive investment proposition particularly in the north of England as it offers fast returns, high yields and is low risk. Student accommodation is now relatively luxurious and reflects the monetisation of higher education in recent years.

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ByMichael Morrison

Properties with the Freshest Air in Central London

If you’re buying a property in central London the air quality may be important to you. The postal areas from the highest to the lowest are:- W1K,SW1X,SW1W,SW1Y,SW1A,SW7,SW3,W1J,SW10,W8 and W1S.

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ByMichael Morrison

Buying and Selling a Property in London Today

The suburbs of north east London have been enjoying a particularly strong rise in house sales. Snaresbrook, Upminster, Walthamstow and Stoke Newington have seen transactions rise significantly during lockdown. Government assistance with the stamp duty holiday and ‘help to buy’ has certainly helped.

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ByMichael Morrison

Conveyancing Frenzy to be Assisted by Stamp Duty Holiday Extension

The Chancellor is reported to be extending the stamp duty holiday by three months until the end of June in next Wednesday’s Budget (3rd March 2021). Conveyancing solicitors are adjusting to the flow rates of new instructions.

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