Pandemic property pitfalls seminar - October 2021 - St John's Chambers
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Pandemic property
pitfalls seminar
October 2021
CPD: 5 hours
Cost: £40 + VAT
Seminar locations and dates:
Cardiff: Truro: Bristol:
Wednesday, 6th Oct Thursday, Wednesday, 20th Oct
13.00-18.15 14th Oct 13.00-18.15
13.00-18.15
Hilton Hotel St. John’s Chambers
Greyfriars Road Truro College 101 Victoria Street
Cardiff Threemilestone Britol
CF10 3HH Truro, TR1 3XX BS1 6PU
Programme
Pandemic property purchase pitfalls: Property seminar series
1.00 - 6.00pm Property seminar series 2021
1.00 - 1.25pm Arrival refreshments
1.25 - 1.30pm Welcome by Chair
Christopher Jones, Head of Real Estate
1.30 - 2.00pm The scourge of tree root encroachment
Richard Stead, Barrister
2.00 - 2.30pm Surrender: I [don’t] want you back for good
Adam Boyle, Barrister
2.30 - 3.00pm Mistake, misrepresentation and non-disclosure in land contracts
John Sharples, Barrister
3.00 - 3.10pm Q&A
3.10 - 3.30pm Afternoon tea
3.30 - 4.00pm A practical guide to claiming ownership of registered land by adverse
possession
Charles Auld, Barrister
4.00 - 4.30pm Restrictive covenants and what to do about them
Annie Sampson, Barrister
4.30 - 5.00pm Town and village greens from Newhaven to Lancashire – Are local
authorities off the hook?
Leslie Blohm QC, Head of Commercial and Chancery
5.00 - 5.30pm Easements update
Daniel Soar, Barrister
5.30 - 5.40pm Q&A
5.40 - 6.15pm Drinks & canapes
Our Truro event is in association with Cornwall Law Society
Leslie Blohm QC, Richard Stead, Charles Auld
Barrister, Call 1982 Barrister, Call 1979 Barrister, Call 1980
Silk Call 2006 St John’s Chambers
St John’s Chambers
St John’s Chambers
“Charles has a wealth of knowledge
“He always gives good, clear advice “Richard is extremely experienced and that he applies practically. In-depth,
and is a true expert in his area. He’s capable.” analytical and good with clients.”
got a calm presence and a great brain CHAMBERS UK, 2021 CHAMBERS UK, 2021
on him. ‘Outstanding – the leading CONSTRUCTION REAL ESTATE LITIGATION
silk for proprietary estoppel.’ ” Richard has considerable experience
Charles has considerable experience
CHAMBERS UK, 2021 in property damage cases arising from
REAL ESTATE LITIGATION dealing with matters including
fire, flooding, tree root induced
boundary disputes, landlord and tenant
Leslie has been awarded ‘Chancery subsidence, land slip etc, and in
work, rights of way, restrictive
Silk of the Year’ at the Chambers Bar insurance coverage matters.
covenants and registration at HM Land
Awards 2019, a prestigious award Throughout Richard’s time at the Bar, Registry.
recognising Leslie’s pre-eminence in he has undertaken civil jury trials and
his key practice areas. He is praised trials before a single judge where His work includes:
for having an exceptional real estate fraud is alleged. Fraudulent claims
practice with extensive expertise in related particularly to fire, flooding Disputes over land including
contracts for the sale of land, and other forms of property damage, traditional boundary disputes,
development and overage burglary and motor-car theft / restrictive covenants, rights of
agreements, commercial landlord and damage. way and other easements
tenant disputes and town and village (Wheeler v Saunders [1996] Ch
green applications. Recent work includes:
19 and Shaw v. Grouby [2017]
He acts for a range of clients from Acting for claimants in a case EWCA Civ 233). In Melhuish v
private individuals to local authorities concerning insurance coverage Fishburn [2009] All ER(D) 23 he
to substantial corporations, and of a claim for landslip / erosion. was successful in the Court of
regularly acts in relation to property Acting for the local authority in Appeal in an action concerning
disputes often involving overlaps with a claim for tree root damage in the interaction of boundary
other specialist areas of law such as TCC – two separate causes of agreements and section 2 of the
partnership, insolvency and company movement found – complex Law of Property (Miscellaneous
law. expert engineering evidence – Provisions) Act 1989.
trial of liability and quantum – Landlord and tenant disputes,
Specific areas of expertise include: issues on costs due to alleged both residential (Springfield
Sale of land failure to engage in ADR. Investments v Bell [1991] 1 EGLR
Restrictive covenants Acting for the defendant 115 CA) and commercial (Toms
Mortgages council in a claim by local v Ruberry – [2018] 1 WLR 1138).
License residents in respect of flooding Matters relating to mobile
Easements and land slip which led to the homes and mobile home parks
death of a local resident when (Howard v Kinvena Homes
Commons & village greens
a landslip demolished her (1999) 32HLR541).
Torts relating to land house. Applications to the Property
Chamber of the First-tier
Tribunal and previously to the
Adjudicator (Mann v Dingley
[2011] EWLandRA 2010_0582).
John Sharples,
“ The premier set for
contentious
property matters
on the Western Christopher Jones,
Barrister, Call 1992
St John’s Chambers
Circuit, St John's Head of Real Estate, Call 2004
St John’s Chambers
“John has a very commercial
remains a go-to for
approach and a nice manner about
him. He’s an excellent advocate and a
solicitors in the “Excellent at engaging with the client
and advising on a level they can
good fighter who is well respected
and in demand.”
South West and understand.” “His bedside manner is
second to none and he’s able to put
CHAMBERS UK, 2021
further afield. The people at ease and explain things on
simple terms, but he’s always got his
REAL ESTATE LITIGATION
set boasts a deep eyes on the bigger picture and is
sensible in his approach without
John is very well versed in handling a
variety of complex cases, and is roster of barristers simply taking points for the sake of
it.”
frequently instructed on behalf of
estates, developers, public authorities with specialist real CHAMBERS UK 2021,
REAL ESTATE LITIGATION
as well as private clients. He is ranked
in Band 1 for both real estate estate litigation
litigation and chancery in Chambers Christopher is a chancery and
UK and is one of Legal 500’s leading expertise who commercial specialist with particular
individuals. emphasis on trust litigation and
appear at all levels advice, contentious and non-
Chambers UK describe him as “… an contentious probate applications, real
exceptional barrister both in terms of of the court property litigation (particularly in
his judgement and his people skills relation to easements, restrictive
and as good as any senior junior in system, including covenants and contracts for the sale
the country.” He has a First Class Law of land) and commercial and
degree from Oxford University and the Court of agricultural landlord and tenant
Masters of Law degrees from disputes. He also regularly advises on
Cambridge University and the Appeal and professional negligence claims,
University of Pennsylvania. He was particularly in relation to claims
Supreme Court.
”
formerly an Attorney in New York. against solicitors, accountants and tax
consultants in relation to negligent
John has written a book on Land conveyancing and tax advice as well
Licences, (Jordans Publishing) in as being a trained mediator.
which Lord Neuberger of Abbotsbury CHAMBERS UK 2021
writes the foreword. He is a REAL ESTATE Christopher is identified as “most
contributor to the New Law Journal, highly regarded” junior at the
a member of the Chancery Bar property Bar by Who’s Who UK Bar:
Association and Agricultural Law Real Estate 2017, the only barrister on
Association, and regularly tweets on the Western Circuit to be
property law, giving updates and recommended. He is “noted for his
news on cases, legislation, regulation ‘excellent client, skills, rational
and market developments. thinking and practical application of
legal principles’. Jones focuses his
practice on litigation relating to
easements, restrictive covenants and
land sale contracts.”
Adam Boyle Annie Sampson Daniel Soar,
Barrister, Call 2012 Barrister, Call 2015 Barrister, Call 2016
St John’s Chambers St John’s Chambers St John’s Chambers
“Very intellectually strong and he is Daniel is a specialist real estate
able to think around a problem. If you Annie has experience across the practitioner. He has experience in
present him with scenario A, he will breadth of property and real estate dealing with applications pursuant
look for scenarios B, C and D.” matters, including TOLATA claims, to the Trusts of Land and
trespass, nuisance, residential Appointment of Trustees Act 1996,
CHAMBERS UK 2021, landlord and tenant and mortgage residential and commercial landlord
CHANCERY possession proceedings, boundary and tenant matters, business
disputes, adverse possession, tenancy renewals under the 1954
Adam is a very experienced Real commercial tenancies and the Act, forfeiture, rectification, trespass
Estate practitioner who is fast renewal of business tenancies under and claims in nuisance.
becoming a “go to” barrister in the 1954 Act.
relation to difficult property matters. He also regularly advises in relation
Annie’s recent cases include: to property rights, particularly
He has been noted in Chambers and A two-day trespass trial arising easements, boundaries, the proper
Partners as a specialist in proprietary in the context of the breach of construction of leases and
estoppel, a topic in which he a licence and including conveyances, as well as restrictive
maintains a keen academic interest, extensive expert evidence. covenants.
having written on the subject
A one-day possession trial to Daniel’s recent caseload includes:
numerous times and having appeared
in the Court of Appeal (led by Leslie evict a tenant on the basis of A v Q – an application
Blohm QC) in the now breach of his tenancy pursuant to TLATA 1996 for
famous Davies case. agreement due to anti-social an order for sale of a
behaviour. commercial property
In addition, he regularly acts in a very between former business
wide array of property matters. He is Advising the respondent to an
application to set aside the partners.
frequently instructed in cases
involving complicated aspects of transfer of a property due to C v B – a business tenancy
landlord and tenant law (such as alleged misrepresentation, renewal under the 1954 Act
breaches of tenancy agreements, deceit, undue influence, where there had been no
surrender, disclaimer, services charges unconscionability and mistake. previous formal lease.
and agricultural tenancies). He is The settlement of a TOLATA
notably experienced in complex R v Z – a claim against a
dispute at the directions commercial tenant for unpaid
possession cases and those which hearing and acting for the
throw up unusual legal issues. He is rent.
successful claimant at the trial
also regularly instructed in relation to of another. P v C – a claim for residential
commercial tenancies and issues possession involving an
involving the 1954 Act. Advising in respect of allegation of forgery.
nuisance, restrictive covenants,
In addition, Adam is well versed in easements and the T v D – a forfeiture claim for
dealing with TOLATA, nuisance, enforceability of contracts for breach of lease.
trespass, boundary issues, rights of the sale of land.
way, adverse possession and
easements and has assisted many
clients in respect of difficult
neighbour disputes.
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