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31 January 2014 / Martin Dray
Issue: 7592 / Categories: Features , Property
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The lay of the land

What does the year have in store for property law asks Martin Dray

“There are known knowns; there are things we know that we know. There are known unknowns; that is to say, there are things that we now know we don't know. But there are also unknown unknowns—there are things we do not know we don't know.”

So said Donald Rumsfeld about weapons of mass destruction in 2002. Property law may be less controversial but for the large part it is no easier to predict. What will make the headlines in 2014? Here are some clues.

Known knowns

Here one is on the surest footing.

One 6 April will see the abolition of distress for rent. Effectively confined to commercial property for years now, a remedy favoured by landlords as a cheap and effective means of recovering rent arrears will be swept away when Pt 3 of the Tribunals, Courts and Enforcement Act 2007—a long time in the gestation— is brought into force along with the Taking Control of Goods Regulations

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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