Podcast Location:
Download it here [file size: 35.4 MB]
Categories:
Real Estate & Property Law
Property Litigation
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at practitioners interested in issues relating to the validity and service of property notices. It will consider how to establish whether a notice is valid and identify some useful methods to successfully counter an allegation that a notice is invalid. It will also consider the rules related to service of notices.

Outcomes:
After completing the course you will:
  • Know how to approach an issue relating to the validity of a notice and the methods of countering an allegation that a notice is invalid;
  • Know how the courts will ascertain whether a contractual or statutory requirement is mandatory or directory;
  • Understand when a notice will be regarded as having been served under common law;
  • Be familiar with the statutory provisions relating to deemed methods of serving notices;
  • Be aware of some of the pertinent authorities relating to the validity and service of notices.
Level:
Specialist Difficulty: 5 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • Property Notices: Validity and Service (August 2011, Jordans);
  • Ben Cleuch Estates v Scottish Enterprise [2008] CSIH 1;
  • M25 Group Ltd v Tudor and others [2003] EWCA Civ 1760;
  • Mannai Investment Co. Ltd v. Eagle Star Assurance [1997] UKHL 19;
  • R (Waltham Forest LBC) v Waltham Forest Magistrates Court and Yem Yom Ventures Limited [2008] EWHC (Admin) 3579;
  • Saffron Walden Second Benefit Building Society v Rayner (1880) L.R.14Ch 406;
  • Sun Alliance v Hayman [1975] 1 WLR 177;
  • Townsends Carriers Ltd v Pfizer Ltd ([1977] 33 P&CR 361);
  • Van Haarlam v Kasner (1992) 64 P&CR 214.

In this podcast Tom Weekes, barrister from Landmark chambers and author of the leading practitioner text “Property Notices” (Jordans 2011) discusses some of the issues relating to the validity and service of Notices.

Podcast last reviewed: 2012-07-30

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