Property Litigation: The Ultimate Goal

Property litigation is all about getting the results our clients want. This half-day conference will concentrate on relief and remedies in property litigation: how can we best achieve that “ultimate goal”? There will be talks from a range of silks and juniors from Wilberforce Chambers, plus workshops which will give delegates the opportunity to share their knowledge and put the theory into practice. We hope at the end of the afternoon you’ll join us for a BBQ and drinks reception on the British Library’s terrace.

This year we are pleased to announce that RICS Past President Professor Barry Gilbertson, will be joining us as our Guest Speaker. Professor Gilbertson will be speaking on ‘Brexit, Valuation & Risk and their relevance to property litigators’.

Download timetable and booking form

 

Timetable

1.30pm       Registration 

2.00pm      Welcome and Introduction 

2.10pm       Forfeiture (John Furber QC)

– Is this an effective remedy in the event of breach of contract by a tenant

– Can it provide a Landlord with a “windfall”? (early possession of a valuable property)

– When will relief from forfeiture be granted and what terms will be improved?

– Consideration of recent cases concerning relief from forfeiture including Magnic Limited v Ul-Hassan [2015] EWCA CIV 224 and Freifeld v West Kensington Court Limited [2015] EWCA CIV 806

2.35pm       Modification of Restrictive Covenants (Martin Hutchings QC)

– Circumstances in which an application might be made

– The specific grounds for modification – what needs to be proved?

– Tips and tricks to ensure success.

3.00pm      Rescission (Joanne Wicks QC)

– Redress for misrepresentation, non-disclosure or unconscionable bargains

– Legal effect – distinguishing termination for breach of contract

– Limitations imposed by standard conditions of sale

– Loss of right to rescind

3.25pm            BREAK

3.55pm            Workshops 

Workshop 1: Restrictive covenants: validity, registration and remedies (Simon Atkinson and Tim Matthewson)

– Schemes of development

– Discharge or modification of restrictive covenants

– Injunction or damages?

Workshop 2: Land Registration in the Tribunal (Jonathan Chew)

A practical session looking at problems with registration and remedies in the tribunal including:

– Rectifying conveyancing documents in the tribunal

– Rectifying or altering the title register

– Altering or rectifing the title plan so as to include or exclude land from the title

Workshop 3: When property contracts go wrong (Tiffany Scott, James McCreath, James Goodwin)

– How to maximise (or minimise) damages

– Creative counterclaims

– Enforcing and resisting specific performance

– Other remedies

5.10pm       Interest (Ben Faulkner and James McCreath)

– Improving your recovery in an age of low interest rates

– Interest and lost returns as damages

– Justifying higher rates of interest under statute

5.45pm       Brexit, Valuation & Risk and their relevance to property litigators ( Professor Barry Gilbertson)

6.30pm      Summer Drinks & BBQ on the terrace