News and Events from Five Paper

Michael Mullin and Elizabeth England succeed in the Court of Appeal on the issue of what constitutes a refusal under s.193(7) of the Housing Act 1996.

27th November 2020

Michael Mullin and Elizabeth England, acting for the Respondent, instructed by Sultana Ali, succeed in the Court of Appeal on the issue of what constitutes a refusal under s.193(7) of the Housing Act 1996. Ms Nikolaeva appealed the decision of HHJ Luba QC on a statutory appeal upholding the decision that she had unreasonably refused…

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Tiernan Fitzgibbon succeeds in Closure Order obtained for breaches of the Coronavirus Regulations

19th November 2020

Tiernan Fitzgibbon, acting for the London Borough of Haringey, succeeded in an application for a closure order under the Anti-Social Behaviour, Crime and Policing Act 2014  brought to prevent criminal behaviour and/or serious public nuisance arising from breaches of the Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 (the “Regulations”). The Facts The Defendant…

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Success in the Court of Appeal for Nick Grundy QC and Victoria Osler

22nd October 2020

Nick Grundy QC and Victoria Osler, acting for the Appellant, instructed by Jatinder Bhamber of Capsticks, succeed in the Court of Appeal on the application of the Law of Property (Miscellaneous Provisions) Act 1994, S. 18: Gateway HA v (1) PR’s of Ali (deceased) and (2) Begum [2020] EWCA Civ 1339. Decision: Service in accordance…

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Supreme Court refuses permission to appeal in Simawi case

4th August 2020

Nicholas Grundy QC and Sam Phillips of Five Paper’s Property Division were successful in persuading the Supreme Court to refuse permission to appeal in the case of Simawi v LB Haringey (Secretary of State intervening). Lords Kerr, Sales and Legatt JJSC considered the appellant’s application and the notice of objection drafted by Nick and Sam,…

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Shane Crawford’s article covering the crossover between Business Immigration and Employment law published in New Law Journal

24th July 2020

Shane Crawford  has written an article for the New Law Journal , which considers problems and solutions for visa sponsors of non domestic workers following changes to Home Office guidelines during the COVID-19 pandemic. Shane’s article covers the crossover between Business Immigration and Employment law Subscribers to New Law Journal may access the article through…

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Zachary Kell’s article on the Arkin Cap published in the Journal of International Banking and Financial Law

1st June 2020

Zachary Kell has written an article for the Journal of International Banking and Financial Law entitled ‘Arkin uncapped: Chapelgate and the future of litigation funding’ ((2020) 6 JIBFL 403 – co-authored with Joel Goschalk FIPA of the commercial funder Cavendish IP Solutions). The article considers the recent decision of the Court of Appeal in ChapelGate…

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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…

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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…

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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…

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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…

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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…

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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…

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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

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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

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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…

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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….

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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…

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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…

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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…

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