Legal News | Legal Events | Latest Five Paper News

Sam Phillips remotely obtains contempt order in the Chancery Division in the High Court during COVID pandemic

19th May 2020

In Frejek v Frejeck & Foote [2020] EWHC 1181 (Ch); [2020] 5 WLUK 157, at a hearing held via Skype before Mr Justice Roth, Sam Phillips of Five Paper’s Property Division successfully argued for findings of contempt of court against the former executor of a will for failure to comply with an order made in…

Zachary Kell appears in High Court application where indemnities are ordered instead of injunctive relief to prevent “a real risk of prejudice”

14th May 2020

In Homes of England Ltd v Horsham Holdings Ltd & Ors [2020] EWHC 1175 (Ch), Zachary Kell, instructed by Morgan LaRoche, represented the Eighth and Eleventh Respondents to an application for an interim injunction restraining the payment of £500,000.00 heard before Peter Knox QC sitting as a Deputy High Court Judge. Whilst the court found…

Roger Laville wins an appeal establishing the law applying to LLP derivative claims

1st May 2020

Roger Laville has successfully represented Nick Sellman (Holdings) Limited in Homes of England Limited v (1) Nick Sellman (Holdings) Limited and (2) Bromham Road Development LLP [2020] EWHC 936 (Ch), a Chancery appeal before Mr Justice Zacaroli. This was a dispute between the members of a limited liability partnership in which the Claimant sought to…

Guaranteeing enforcement of guarantees

1st May 2020

Tristan Salter and Tiernan Fitzgibbon produced an article published today, with the Property Litigation Association, considers the recent decision of Signature Living Hotel Limited v (1) Sulyok & (2) Cocarla [2020] EWHC 257 (Ch) and a reminder that, while far from fatal, ensuring that guarantees are entered into as deeds from the start is vitally…

Simon Mills writes new edition of Salinger on Factoring for Lawyers in Lockdown!

9th April 2020

An exciting launch for challenging times – “Salinger on Factoring” has just gone live as an eBook. The 6th edition, written by Simon Mills and Noel Ruddy, contains lots of new material for the busy home-worker, including termination charges after BHL v Leumi ABL, new sections on fraud and unjust enrichment and factors, and fresh analyses…

Sean Pettit re-joins Five Paper

8th April 2020

Following some time away from the bar, we are happy to announce that Sean Pettit has returned to Chambers. Sean, 1997 call, re-joins the Property Team and continues to specialise in all areas within the team, his notable experience includes Homelessness, Real Property and Landlord & Tenant. For more information on Sean’s practice please click…

Millie Polimac successful in the Court of Appeal

7th April 2020

Millie Polimac was recently instructed by London Borough of Redbridge in a substantive judicial review concerning the claimant and her six daughters, who were accommodated in one room in a hostel, awaiting the availability of alternative, larger, accommodation. Permission was given to bring a judicial review challenging: (1) the adequacy of the assessment carried out…

COVID-19 and local authority homelessness duties

2nd April 2020

In the first in a series of updates on legal issues arising from Covid-19 in the context of homelessness. Members of Five Paper’s Property Team update discuss procurement of additional accommodation in light of the pandemic. To view the full article please click here

Remote Access to Justice: Virtual Signatures

2nd April 2020

REMOTE ACCESS TO JUSTICE: VIRTUAL SIGNATURES In our third update in our Remote Access to Justice series, Elizabeth England and Tiernan Fitzgibbon of Five Paper update you on the law relating to the virtual signing of witness statements, affidavits, statutory declarations and execution of contracts Please click here to view the update

COVID-19: Emergency reforms to the insolvency regime

31st March 2020

Tiernan Fitzgibbon updates you on the recently announced proposed changes to the insolvency regime in light of the Covid-19 pandemic. This is the first in a series of briefings from the Insolvency and Company Practice Group at Five Paper. The Government announced the proposed changes on 28 March 2020. The detail has not yet been…

Remote Access to Justice – practical implications

31st March 2020

Jane Hodgson, Millie Polimac and Tiernan Fitzgibbon of Five Paper update you on the latest information relating to remote hearings. Introduction This is the second in a series of on-going briefings aimed at providing the latest information for social landlords on changes taking place within the civil justice system in response to the Covid-19 Pandemic….

COVID-19 and Possession claims

30th March 2020

Angela Hall, Elizabeth England and Tristan Salter of Five Paper update you as to the effect on social landlords of the current legislative and practical changes taking place in response to the pandemic Introduction (1) The landscape for residential possession proceedings has dramatically altered in the last week as the impact of COVID-19 is seen…

Housing round up of the week commencing 23 March 2020

30th March 2020

In the world of housing law last week we saw; (1) The commencement of the Coronavirus (Emergency) Act 2020 late on 25 March 2020 providing that statutory tenancies would immediately be subject to a three month notice period, but explicitly excluding licences and contractual tenancies, and by implication trespassers. (2) The Ministry of Housing, Communities…

PSED breach not fatal to claim for possession

30th March 2020

Luton Communities HL v Durdana [2020] EWCA Civ 445 The Test: High likelihood that if the decision maker had complied with PSED they would have come to the same decision. By a decision, dated 25.3.2020, the Court of Appeal has allowed LCH’s appeal from HHJ Bloom’s dismissal of its possession claim against Ms Durdana. HHJ…

Remote Access to Justice

26th March 2020

COVID-19: ACCESS TO JUSTICE One of the greatest professional challenges for litigators since the escalation of the Coronavirus pandemic has been the lack of clear information and guidance as to how, if at all, listed Court hearings are being dealt with in these times of imposed social distancing, and the potential issues that poses for…

Coronavirus (COVID-19)

24th March 2020

Chambers’ premises will be closed with immediate effect, both the staff and members remain fully operational and accessible. We continue to be contactable for any enquiries and available through the usual platforms, both telephone (020 7815 3200) and email (clerks@fivepaper.com). Five Paper’s opening hours will remain 8am – 6.30pm.

Coronavirus (COVID-19)

18th March 2020

Business as usual at Five Paper. Following recent government guidelines, and causing minimal disruption to Five Paper’s business continuity, 50% of our staff are working from home and with full access to emails, case management systems and calls diverted to mobiles. Our members continue to be available for attendance at court, drafting and advisory work. If…

Ololade Saromi awarded Pegasus Scholarship 2020

10th March 2020

Five Paper is delighted to announce that Ololade Saromi has been awarded an outgoing scholarship by the Pegasus Scholarship Trust to travel to Lagos, Nigeria from April 2020. The Trust, administered by Inner Temple, awards around twelve scholarships per year to barristers within their first five years of practice. From April, Ololade will spend 11…

Elizabeth England joins Five Paper

2nd March 2020

Five Paper are delighted to announce that Elizabeth England has joined Chambers, as of Monday 2nd March 2020. Elizabeth adds further strength and depth to the pool of exceptional juniors we already have in the Property Team of Chambers. David Portch (Senior Clerk) said “the recruitment of Elizabeth is a testament to our strength in…

Ben Maltz’s boundary dispute case attracts media interest

28th February 2020

Ben Maltz’s boundary dispute case attracts media interest, the trial of a long-running boundary dispute concerning a 24cm wide strip of disputed land. The case grabbed the headlines in the Evening Standard and Mail Online. In a reserved written judgment HHJ Parfitt started by saying “It is a truism that boundary disputes between residential neighbours…

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