St John's Chambers’ Post

Renters (Reform) Bill - Where are we now? 📜 Will Bartley, our property litigation specialist provides an update on the Bill, following its second reading in the Lords. If you are a landlord requiring assistance in navigating either Section 21/Section 8, please contact our dedicated Property Disputes team via the link below for a free initial consultation 👇 💻 Read the full blog: https://bit.ly/44M45xT #RentersReformBill #PropertyLitigation

In a recent decision, Ontario's courts addressed the complexities of covering legal costs in estate disputes. Understanding who bears the costs can save considerable stress and financial strain when conflicts arise over estate management. Our latest blog explores the landmark case of Sheffield (Estate) v. Sheffield, where Justice Mew clarified the conditions under which estate trustees can claim indemnity for litigation costs. This case serves as a crucial reminder of the legal protections available to trustees managing estate disputes, particularly when their actions benefit the estate's administration. https://lnkd.in/gcZfxBPB #HullonEstates #Legalinsights

Have you heard about Mutual Wills? You may not have but a recent case heard by the Supreme Court of Victoria shows the complexities about these binding agreements to not change your Will without consent of another. #wills #willsandestates #estateplanning #estateplanninglawyer

The Wills & Estates Transmission – Delving into the intricacies of Wills and Estate Law as our seasoned lawyers navigate the complexities of Estate Administration, Wills and Estate Planning, Estate Disputes and Litigation as well as such interesting matters as superannuation and burial disputes. This episode with Maximilian Williams TEP is on Trusts & Super with topics including: • Can you appoint a beneficiary as the executor of a will? • How does a trust work? Listen links in comments #degrootslawyers #estates #estatesandwills #willsandestates #estateplanning

Our Property Litigation Lawyers explain the processes Landlords can follow if a tenant refuses to move out after a Section 8 Notice or a Section 21 Notice has been served. https://ow.ly/I3v650SywWX #propertylitigation #possessionclaims

FAQ: A property settlement is critical to the success of moving through a separation. Here's why: once financially separated, a property settlement protects you from your ex-partner making claims against new assets you may obtain further down the track. Finalising a property settlement within a year of separation is also important. To learn more about property settlement, reach out to Romer Maud Family Lawyers here: https://lnkd.in/gf_i9eEG #RomerMaud #FamilyLaw

In his latest article for Property Week, Property Litigation partner Mark Reading discusses terminal dilapidations claims. Read more: https://lnkd.in/efvBGZY3

** BRATT -v- JONES ** This High Court decision, handed down last Friday, reviews the legal principles involved in bringing #ProfessionalNegligence claims against #valuers. The Judge zoned in on two key enquiries (and considered whether one is a pre-condition of the other), i.e. (1) whether the valuer has acted in accordance with practices which are regarded as acceptable by a respectable body of opinion in their profession (the Bolam test); AND (2) whether the defendant's figure falls within the 'bracket' or applicable margin of error that would mean the valuation is non-negligent. Negligence was not made out here and the claimant's claim was dismissed: "... Based on Mr Jones's valuation of £4,075,000, and the valuation that I have arrived at of £4,746,860, Mr Jones's valuation is within 14.15% of the "correct" valuation. Although 14.15% is towards the top end of what I have found to be the appropriate bracket, having regard to the above, I consider that I can, in the circumstances, safely conclude that Mr Jones's valuation in the Determination is within the margin of error allowable in respect of a non-negligent valuation. On this basis and having regard solely to the result rather than how one gets to the result, I consider that Mr Bratt has failed to establish his claim in negligence against Mr Jones because Mr Jones's valuation is within the appropriate margin or bracket ..." https://lnkd.in/e3NUmZK2

Thanks to the Solomonic platform, we picked up that a settlement has been reached in the Commission Recovery v Marks & Clerk case - which I expect is good news for the parties, but not such great news when it comes to clarity on key questions of funding and damages in the context of representative actions under CPR 19.8. We discuss this development in the latest post on our Litigation Notes blog, with Alan Watts, Chris Bushell, Julian Copeman, Gregg Rowan and Rachel Lidgate. #hsfdisputes #disputeresolution

In Registrar of Personal Property Securities v Brookfield [2024] FCA 29, the Federal Court of Australia has recorded the first civil penalty for improper registration on the Personal Property Securities Register since the register was established in 2012. Read more in this article by Managing Principal Andrew Lacey and Special Counsel Justin Pennay below. #AusLaw #Litigation #DisputeResolution #FederalCourt #PPSR #CivilPenalty