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Bypassing the Bailiffs

Possession orders are generally obtained in the County Court and enforced by a County Court Bailiff. It is a common source of frustration for claimants that they may have waited several months from issuing a claim to obtaining a possession order, and they can then face delays of up to 12 weeks for a bailiff appointment. In these circumstances claimants often seek advice about using a High Court Enforcement Officer (HCEO).

Tiuta: lender claims in a bit of a mess

The recent Supreme Court decision in Tiuta International Ltd (In Liquidation) v De Villiers Surveyors Ltd [2017] UKSC 77 creates quite a headache for both claimants and defendants in lender claims against professionals where the lender has refinanced an existing loan facility.

Expert witnesses and negligence – Riva Properties Limited v Foster + Partners Limited

Riva Properties Limited v Foster + Partners Limited [2017] EWHC 2574 (TCC) is packed with delicious details – a world famous architectural firm versus a business man with aspirations of building a five-star hotel (retaining a bowling alley as required by planning), conducting business from the front room of his home. The disputed factual and legal issues read like a particularly thorny laundry list. Unsurprisingly, Riva has engendered numerous excellent articles and discussions, not least from Hardwicke’s Cat Piercy and Helena White.

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Case Reports

Peabody Trust v Asher and Malki Brecher [2017] (QBD) (TCC)

Catherine Piercy has recently obtained a final injunction in relation to a party wall dispute between Peabody Trust and the owners of a neighbouring property, the Brechers, who had carried out substantial excavation works at their property which caused damage to her client’s property.