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The lay of the land

31 January 2014 / Martin Dray
Issue: 7592 / Categories: Features , Property
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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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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