Solicitors Blog | Allan Janes

Covenants Over Land: Back to the Tribunal, this Time with Planning Permission

April 24th 2024 | dispute resolution

In this blog I take a look at an application to modify covenants preventing an increase to external dimensions of buildings and preventing use for business purposes. The application was successful in part. The building would be allowed, but there was insufficient evidence for the change to the restriction on read more...

Covenants Over Land: Modification Of Covenant Requiring Prior Written Consent

March 18th 2024 | dispute resolution

In this blog we take a look at the case of Rogers v. Dinshaw (2024) which involved an application seeking discharge of a covenant which prevented development without prior written consent being given. Two unauthorised extensions had already been made to the property, in breach of the covenant, in 2018. read more...

Covenants Over Land: Abuse Of Process?

February 22nd 2024 | dispute resolution

In this article I examine a decision of the Upper Tribunal Lands Chamber where it was argued that the Application should be refused as an abuse of process, and that the Court had already decided the matter ( res judicata ). We’re looking at the case of Housing Solutions v read more...

Covenants Over Land: Are My Covenants Obsolete?

January 11th 2024 | dispute resolution

One of the questions asked of the Upper Tribunal Lands Chamber in Great Jackson Street Estates Ltd v. Manchester City Council (2023) UKUT 189 (LC) was whether covenants should be modified or discharged on the basis that they were obsolete. The decision of the panel of the Tribunal is helpful read more...

Forfeiture Of A Commercial Lease – Part 3: Guide For Interested Parties

November 2nd 2023 | landlord and tenant

In Part 1 this blog series, we looked at bringing a commercial lease to an end from a landlord's perspective, and a tenant’s position in Part 2 . Now, we are taking a look at forfeiture from the perspective of Interested Parties - undertenants and mortgagees. What about undertenants and mortgagees? read more...

Forfeiture Of A Commercial Lease - Part 2: Guide For Tenants

October 25th 2023 | landlord and tenant

In Part 1 of this blog series, we took a look at bringing a commercial lease to an end from a landlord's perspective. Now, we are taking a look at forfeiture from the tenant's perspective, in particular at what practical steps can be taken. As set out in Part 1 read more...

Forfeiture Of A Commercial Lease - Part 1: Guide For Landlords

October 18th 2023 | landlord and tenant

This blog takes a look at what forfeiture is and what a landlord of commercial property can do when certain terms of the lease are breached. In Part 2, we take a look at forfeiture from a commercial tenant's perspective. Common law right to enter and change locks Historically, where read more...

"You Work Hard. It Will All Be Yours One Day": A Study Of The Recent Ruling In Spencer v Spencer

October 9th 2023 | dispute resolution

In this blog we take a look at the August 2023 High Court case of Spencer v Spencer . This case deals with promises made by a father (John) to his son (Michael) that if he worked hard, the farm would come to him by way of an inheritance on read more...

What Could Make Mediation More Attractive?

August 2nd 2023 | mediation

In this article I set out my case for mediation becoming increasingly attractive as of October 2023. Read on to find out why. For those unfamiliar with mediation is a process, find an explanation here . There are so many reasons to attempt mediation. Litigation is a slow, expensive, and read more...

Covenants over Land: Case Law Round-Up: Part 5: Substantial Value or Advantage? That is the question.

June 22nd 2023 | dispute resolution

The recent (January 2023) case in Quantum (Barrowsfield) Limited concerned an application to discharge covenants prohibiting anything other than single private dwelling houses on land. Planning permission had been given for demolition of 4 properties and the erection of 4 5-storey buildings of 33 flats. The decision is important for read more...

Covenants over Land: Case Law Up-Date Part 4 Failure to Plan, or Planning to Fail?

May 22nd 2023 | dispute resolution

The case of Sutton v Baines and others concerns an application to discharge a covenant which prevented a second house being built on the land. The application land was a large side garden next to a residential house at 39 Muswell Road in Mackworth, Derby. This is part of a read more...

HOT OFF THE PRESS: Attendance at trials and CPR 27

May 2nd 2023 | dispute resolution

Does a Claimant who is not at a hearing, but is represented, “attend” that hearing or not? The Court of Appeal handed down judgment in Owen v Black Horse Limited on 24 March 2023. This is an important case for its impact on attending trials, as it answers the above read more...

Covenants over Land: Case Law Round-Up: Part 3: Is there a Building Scheme? – A lawyer’s term of art in covenant cases

April 11th 2023 | dispute resolution

The case of Livett v Hennings and others provides helpful discussion about building schemes and how to spot one. This article is part of a series of Blogs where I attempt to summarise the latest decisions from the Upper Tribunal Land Chamber – the specialist court for applications to modify read more...

Covenants over Land: Case Law Round-Up: Part 2: Modification Of Covenants To Enable OFSTED Registered Childminding Business

March 20th 2023 | dispute resolution

In the case of Johnson the Applicants wanted to modify a covenant which prohibited trade or business contained within covenants dating back to 1937, and a further conveyance from 1965 that the property only be used for the purpose of a private dwelling house only. This is the second in read more...

Restrictive Covenant Case Law Round Up: Part 1: Falling At The Last Hurdle: Discretion Of The Tribunal

January 30th 2023 | dispute resolution

Welcome to the first in a series of Blogs where we attempt to summarise the latest decisions from the Upper Tribunal Land Chamber – the specialist court for applications to modify covenants affecting land under s84 Law of Property Act 1925 (the Act). For an introduction to Restrictive Covenants affecting read more...

Can I Rent My Property Out On Short Let? 'Single Private Dwelling' and Other Covenants

November 14th 2022 | dispute resolution

A growing part of the population now earn extra income from letting all or part of their home out using various apps and web platforms. However, some properties, even if you’ve bought them, are still subject to covenants made and given by previous owners. One example of this is that read more...

“Devastavit”: Claims Against Personal Representatives of an Estate

October 17th 2022 | contested probate

I love learning new words. When I first heard someone say the word "Devastavit", I thought they were making it up. Turns out, it is a real word, meaning ‘laid waste’ and describes a type of claim that beneficiaries can bring against someone who is administering an estate - a read more...

Whoops! My Property Professional Made a Mistake

October 3rd 2022 | dispute resolution

Whether you are buying your own home, doing a renovation, a property developer or commercial landlord, or at some stage you are likely to use a property professional. This includes architects, surveyors, conveyancing solicitors, planners, agents, valuers, and many more. But what happens if a professional makes a mistake, causing read more...

The Incredible Witness, And The Importance Of Documents In Litigation

July 5th 2022 | dispute resolution

I expect everyone likes to believe that if they give a witness statement, sign a statement of truth verifying its contents, and then give evidence on oath at a trial, they will be believed. But if one takes a look at how Courts approach witness evidence, there are important lessons read more...

What is TOLATA and how can it help me?

June 7th 2022 | dispute resolution

Right, first let’s get legal terminology out of the way: TOLATA or TLATA is an abbreviation of the Trusts of Land and Appointment of Trustees Act 1996. But what is TOLATA, and how can it help me? The Land Registration Act 1925 (LRA 1925) introduced a scheme of land registration read more...

A DIY Guide to Litigation

February 10th 2022 | dispute resolution

Whatever you think of lawyers, we do have a purpose and can guide you through the pitfalls of the facts, law, procedure and strategy to, hopefully, a good outcome when you have a dispute. But the fact of the matter is that many people simply cannot afford solicitors and barristers read more...

Is a Counter Notice for Leasehold Extension Validly Sent by Email?

February 4th 2022 | landlord and tenant

The right of tenants of long-leasehold property to extend their leases is a matter of great importance. Getting it wrong, or not applying the rules, can have grave consequences for landlords and tenants. It follows that research on getting your claim and notices served correctly is worthwhile. Under Section 99 read more...

Access Denied: When Can a Company Refuse Access to Accounting Records to a Director?

January 21st 2022 | dispute resolution

When can a company refuse access to accounting records to a director? The right of a director to inspect a company’s accounting records is an issue which commonly arises. My colleague Iwan Emmanuel’s article ‘What Rights Do Directors Have To Access Company Information?’ can be found here , and is read more...

An Idiot’s Guide to Part 36

November 22nd 2021 | dispute resolution

If there is one thorny issue which pervades all of civil litigation, it is this: the recovery of legal costs. Other than in multi-£billion litigation, the subject of legal costs - who pays them and how much - is something that needs to be properly considered before and during the read more...

5 Things they do not teach you at Law School

September 22nd 2021 | dispute resolution

If you’re an aspiring lawyer or simply wonder what the difference between studying the law and practice, I’ve compiled a list of things that only working in the real world of law can prepare you for! Here are 5 things that I have learnt on the job or in the read more...

How Do I Change Someone’s Will After Their Death? What is the Court Process?

July 28th 2021 | dispute resolution

How do I change a Will? It is possible to change your inheritance under a person’s Will within two years of their death. You may wish to do this for a number of reasons, such as to reduce inheritance tax or to pass your inheritance on to a charity or read more...

Overcoming Barriers to Remedies for Domestic Abuse, Stalking and Harassment faced by LGBT People

June 3rd 2021 | dispute resolution

In 2014 a report commissioned by the Welsh Government found that, whilst there are universal barriers to accessing services for domestic abuse, stalking and harassment, a review of the existing evidence demonstrated that LGBT people faced specific barriers. Whilst this article does not seek to summarise the research and evidence, it read more...

What Happens with Costs in Applications to Modify or Discharge Restrictive Covenants? - Part 2: Unreasonable Conduct

June 1st 2021 | dispute resolution

In Part 1 of this blog series on costs in applications to modify or discharge restrictive covenants (which you can find here ) , I covered the general principles for costs and how they differ from the ‘usual rule’ in normal civil claims in the County Court and High Court. read more...

What Happens with Costs in Applications to Modify or Discharge Restrictive Covenants? - Part 1: The Principles

May 24th 2021 | dispute resolution

In most cases in the County Court or High Court the general rule is that the loser of a claim or application pays the winner's costs, subject to certain procedural rules (Part 36) and the parties’ conduct. But what about the costs of bringing (or defending) an application in the read more...

How Can Residents Protect their Local Area from Development?

May 20th 2021 | dispute resolution

One way to protect an area of land from development is to register it as a town or village green, if you can meet certain criteria. Land that has been given ‘green’ status is protected from development and local residents are given the right to use it for recreational purposes. read more...

Allan Janes Secures Apology, Retraction and Damages in Defamation Dispute with Major UK Bank

May 14th 2021 | dispute resolution

The Dispute Resolution team led by Toby Walker at Allan Janes LLP, has secured a settlement for a business client against a major UK bank. An employee of the bank had, on the bank’s letterhead, sent communications to third parties and in which they cast aspersions on our clients’ ability read more...

“All I Want For Christmas is a New Trustee” – Part 2: How To Remove Executors and Trustees –– The Procedure

December 23rd 2020 | contested probate

Please see Part 1 for the law and criteria the Court will consider on an application to remove an executor or trustee. This article is Part 2 and focuses on the procedure, which can be highly technical. Part 8 Applications to remove a trustee or PR are made by the read more...

“All I want for Christmas is a New Trustee” – Part 1: How To Remove Executors and Trustees – the Court’s powers

December 21st 2020 | contested probate

Executors or personal representatives of a deceased person’s estate are responsible for settling debts of the estate, calling in any loans, realising any property or shares, paying tax and paying distributions to the beneficiaries. They have all sorts of duties to look after the estate as trustees, administer it promptly, read more...

5 Reasons You Should Consider Online Dispute Resolution (ODR)

October 22nd 2020 | dispute resolution

Everyone that knows me also knows that I am a huge fan of mediation as one of the Alternative Dispute Resolution methods. Being both a people and "outdoorsy" person, I believe mediation provides a great context to see and hear what the issues are and set about resolving them through read more...

Inheritance Act Claims: Good News on the Price of Success

July 1st 2020 | dispute resolution

A recent High Court case has opened the door to Claimants in Inheritance Act claims recovering the additional ‘success fees’, where these were previously non-recoverable in most litigation since 2013. Those wishing to contest the probate of an estate, or to claim financial provision under the Inheritance Act 1975 (the read more...

Poisoning of the Mind? Contesting Wills over Testamentary Capacity

June 8th 2020 | contested probate

In this recent High Court case, the Judge had to decide whether either of the Deceased’s two Wills were valid on the basis of whether she had sufficient testamentary capacity, and/or whether the Wills resulted from the ‘poisoning of her mind’ by her son. It might seem strange that there read more...

“Please Sir, Can I Have Some More?” Just One More House - Restrictive Covenants Update

May 22nd 2020 | dispute resolution

In the recent case of Pethick the Upper Tribunal of the Lands Chamber modified a restrictive covenant to allow the building of a further property on land which was subject to a covenant limiting the number to just one house. The Applicants sought to discharge at a restrictive covenant relying read more...

Friends with Benefits: Inheritance Dispute Update

May 13th 2020 | contested probate

Firstly, I should say that this case law update isn’t quite as racy as the title suggests. Promises as to who is to inherit farmland are usually amongst family: "One day, son, all of this will be yours" - you get the idea. But the High Court has recently seen read more...

Locked Out in Lockdown? A Commercial Tenant's Guide To Interim Injunctions

April 24th 2020 | dispute resolution

Our Managing Partner recently found himself accidentally locked out of both his home and the office. This tickled me given the rest of us are in lockdown, and gave me the idea for the title of this article. If you are a tenant of commercial premises, and if your landlord read more...

Over My Dead Body: Why 12.6 Million Brits Would Challenge A Will

April 20th 2020 | contested probate

Around 20% of the nation would challenge a will of a loved one if they felt it was not fair. Even when someone’s wishes are clear and current, more than 12.6 million Britons would go to court to challenge them if they felt the division of assets was inappropriate, according read more...

Cancelled Coronations and Coronavirus: Is My Contract Frustrated?

March 30th 2020 | dispute resolution

As a law student I remember learning about frustration of the purpose of a contract in what became known as the "Coronation cases", which arose from events surrounding the Coronation of King Edward VII and Queen Alexandra in 1902. A man hired a room with a view of the street read more...

Unlocking Restrictive Covenants

February 10th 2020 | dispute resolution

Whether you are a homeowner with the benefit of a covenant, want to do a deal for the release of a covenant, or want to challenge a covenant to permit a change of development of land, our property dispute specialists at Allan Janes can help. What are Restrictive covenants? Restrictive read more...

Trusts Affecting Property: Who Owns What?

January 22nd 2020 | dispute resolution

One might be forgiven for thinking that the owner of property is the person named on the deeds or named as proprietor at the Land Registry. There are however a number of ways in which it is possible to establish a beneficial ownership of property. Beneficial ownership is a right read more...

Toby Walker Published in The New Law Journal (The Courts Approach to Costs on Discontinuance)

November 20th 2019 | dispute resolution

I am really pleased to announce that, together with my co-author Winston Jacob, we have recently been published in the New Law Journal. The article covers the Courts' approach to the issue of costs when a claim is discountinued. Please click here for the full article. read more...