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Welcome
Welcome to this 9 Park Place Chambers newsletter - this month: Civil litigation
In this edition Julian Reed sets out his analysis of Jones v Kernott following his successful run of recent seminars on the subject. Jeffrey Littman looks at the role of the Land Registry Adjudicator in his article. This is a subject of increasing interest to property litigation solicitors. As time rolls on the instances of claims before the County Court or High Court reduces and the number of cases pursued before an adjudicator under, for example, Schedule 6 of the Land Registration Act 2002, increases.
In adverse possession cases this is occurring for two reasons. Only those claims where adverse possession for 12 years pre-dating the commencement of the 2002 Act (13th October 2003) is claimed can be pursued under the transitional provisions of the Act; but also because the very existence and machinery of the adjudication procedure under the Act are now undeniable and there to be used. Given that the entire system was a human rights compliance exercise brought about, in part, through the saga of JA Pye (Oxford) Ltd v United Kingdom (2008) 46 E.H.R.R. 45 and intended to better prevent paper title owners from losing land simply by inadvertence, it is all the more important to understand the potential pitfalls in the system and Jeffrey’s article is a useful aid in achieving this aim.
Also in this edition Simon O’Dwyer discusses the recent employment law contract cases of Edwards v Chesterfield Royal Hospital NHS Foundation Trust and Botham v Ministry of Defence[2011] UKSC 58 and Joseph Edwards alerts us the prospect of bringing claims in negligence against expert witnesses with respect to their conduct in the preparation of reports and the giving of evidence in Jones v Kaney [2011] AC 398, [2011] UKSC 13.
I would like to take this first opportunity in print to welcome Michael Lieberman as Senior Clerk to chambers. He has substantial boots to fill following the departure of Jim Williams through retirement in November last year but Michael’s energetic approach to both the administration of chambers and in the development of the profile of chambers means that I have no doubt that he will bring the best out of a talented team.
As always, please don’t hesitate to call us to find out more about any of our upcoming seminars or lectures.
Gareth Thomas
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