Insolvency: Obtaining possessionCan a bankruptcy order preclude the making of a possession order on the ground of rent arrears in respect of a property let on an assured tenancy? In short, no, as has recently been decided in Sharples v Places for People Homes Limited [2011] Civ EWCA 813.
Property: Warrants for possession - appealsIt is well known that a mortgagor cannot apply to set aside a warrant for possession after it has been executed unless he can show oppression or serious procedural irregularity.
Service charges: Importance of freeholder's compliance with terms of lease to recover from lesseeThe decision of the Upper Tribunal (Lands Chamber) in Akorita v Marina Heights (St. Leonards) Limited [2011] UKUT 255 (LC) emphasises the need for freeholders to comply fully with the provisions of a lease in order to ensure recovery of service charges from their leaseholders.
Arbitration: New ICC Rules releasedThe new ICC Rules of Arbitration have been circulated. They have been three years in the making and come into effect on 1 January 2012. The last revision was in 1998 so it is not surprising that there are many changes. Most seek to speed up and thereby reduce the costs of the process.
