Property Litigation - 2021 Virtual Conference
Chaired by Jacqui Joyce, this live online conference will examine a range of important and topical issues.
Each session will provide opportunity for questions and answers.
This live and interactive 5-hour conference will cover the following:
10.00am-11.00am: ‘No More Waiting for the Ink to Dry’ - Electronic Signatures in Property Transactions
Camilla Lamont, Landmark Chambers
This session will cover the law governing electronic signatures with a particular emphasis on the electronic execution of property documents.
Topics covered will include:
- The implications for property litigators of the Law Commission Report on Electronic Execution of Documents
- The legal test for validity of an electronic signature, including its application to the formality requirements in section 2 of the Law of Property (Miscellaneous Provisions) Act 1989
- Lessons to be learned - the risk of inadvertent contract making
- Land Registry practice following the COVID-19 pandemic
- Electronic execution of deeds and video witnessing - what lies ahead?
- Practicalities and timing
11.10am-12.10pm: Dealing with Difficult People in Property Disputes
Jacqui Joyce, The Property Mediators
One of the reasons mediations can fail is because of the behaviour of some of the participants.
This session will look at how to recognise and deal with those difficult characters and will cover:
- What do we mean by difficult and how to recognise it?
- Our response to difficult behaviour
- When we are difficult
- Some amateur psychology
- How can you respond effectively?
12.10pm-1.10pm: The Prescriptive Principle - Countryside Access Issues
George Laurence QC, New Square Chambers
The session will look at the prescriptive principle as it applies to countryside access issues:
- Description of the principle in the Sunningwell case
- Its application at common law to public rights of way (Folkestone HL) and under section 31 Highway Act 1980 (Godmanchester HL)
- The principle when applied to claims to add new public rights of way under the Wildlife and Countryside Act 1981 to the Definitive Map and Statement (the Emery (CA) and Roxlena (CA) cases)
- When will the court imply, in village green and other cases, that public use has been permissive? TW Logistics (CA), Mann (HL) and Beresford (HL) and Pereira (Fordham J)
Break for lunch
2.00pm-3.00pm: The Law Relating to Forfeiture - An Update
John de Waal QC, Hardwicke
The law in relation to forfeiture and relief from forfeiture is complex and contains pitfalls for the unwary practitioner.
Of particular importance are questions relating to the drafting of s146 notices, peaceable re-entry, waiver of the right to forfeiture and the circumstances and terms upon which relief may be granted.
The session will cover the following:
- Interpreting forfeiture clauses
- The section 146 notice
- Forfeiture itself including taking peaceable possession
- Relief from forfeiture following Freifeld v West Kensington Court
- Relief from forfeiture of licences following Manchester Ship Canal v Vauxhall Motors
3.15pm-4.15pm: Property Insolvency Update
Kavan Gunaratna, Enterprise Chambers
This session will summarise some of the key property-insolvency related developments over the past year.
Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.
Please let us know if you wish to be notified.