Welcome to the autumn edition of the Child & Child newsletter at the end of a very busy 2010.

This summer's Motcomb Street Party in Belgravia, sponsored by Child & Child, was a great success and all profits from our ever-popular Pimm's stall went to the children’s charity Honeypot and the Household Cavalry Operational Casualties Fund. Child & Child will also be attending the Belgravia Christmas party on 5 December.
In this issue Senior Partner Andrew Smith explains the range of approaches to solving the problem of unpaid fees on party wall disputes, and David Briffa and Claire Lovis discuss Assured Shorthold Tenancies and Service Charges. Francis Hill explains the important changes that taking place in family law (cases of Radmacher v Granatino and Imerman v Imerman).
On the lighter side, Mary Regnier-Leigh tells of the hidden delights of Belgravia and Allen Chubb recounts a recent helicopter rescue aboard 21-sail Tenacious, (a ship specially modified to accommodate both disabled and able-bodied crew).
New faces to the firm include Ketan Patel, who has recently joined the Property Department as partner. We also welcome barrister Tim Wallis, formerly partner in the St. James Place Partnership, as our new head of Private Client. We are meanwhile proud to announce that James Beat (Dispute Resolution) and Claire Allan (Leasehold Enfranchisement) are now partners of the firm. Congratulations finally to Shinead Wilson, who is about to qualify into our Dispute Resolution Department and Lubna Islam, who starts her training contract in 2011 (having joined us earlier this year). We expect other appointments to follow next year.
We hope you enjoy this season’s newsletter and may we wish you a very happy Christmas holiday. |
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Party Wall Act Awards: solving the problem of unpaid fees
For surveyors having difficulty in recovering fees in party wall actions, there are solutions. The issues facing adjoining owners' surveyors when they attempt to sue building owners for their fees are of practical importance to surveyors. The problem typically arises where the building owner is carrying out work that will involve a party wall. The adjoining owner will often appoint a surveyor to represent its interests in the preparation of a Party Wall etc. Act 1996 (PWA) award and the supervision of the works. If the building owner is ordered to pay the fees of the adjoining owner's surveyor and it refuses, the surveyor faces the practical problem of enforcement.
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Prenuptial Agreements: now presumed binding
Prenuptial Agreements are now to be ‘decisive’ on divorce in appropriate circumstances, after the Supreme Court decision in the case of German heiress Katrin Radmacher and her estranged husband Nicolas Granatino. In his appeal, Mr Granatino had asked the Court to increase his award of approximately £1 million (and a £2.5m housing fund) on the basis that the Prenuptial Agreement made by the couple 12 years ago earlier should not be relied upon.
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Assured shorthold tenancies - £75,000 rise in rent threshold
On 1 October 2010 the “rent threshold” applicable to assured shorthold tenancies was raised from £25,000 to £100,000. The change in the law applied both to existing tenancies and new tenancies. This means that if you are a landlord and your tenant is paying over £25,000 but not more than £100,000 a year, your tenant is now an assured shorthold tenant. This gives him/her greater protection than before.
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Tenacious: helicopter rescue in force-7 winds
Our Consultant and former Senior Partner Allen Chubb recently completed his eleventh voyage with the Jubilee Sailing Trust, which proved to be one of his most exciting. Returning from Cherbourg at maximum speed in a force seven wind on board Tenacious, a square rigger purpose built for disabled and able-bodied sailors, Allen helmed the ship while a helicopter dropped a paramedic on the stern. He arrived to assist the on-board doctor and nurse deal with a seriously ill crew member.
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Service Charges: how much is too much?
Most residential leaseholders have to pay service charges to cover the cost of maintaining the building they live in. But what are your options if you don’t agree with your service charges and what happens if you don’t pay them? Service charges cover the cost of repairs, cleaning and shared amenities such as porters and communal gardens. This is the most effective way to share the costs of looking after the building.
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Belgravia - just another village
My journey to Belgravia started when I decided to work part time and ultimately to retire. Not yet though!! Child & Child who have been established in Belgravia for over 160 years invited me to join them at the end of 2002, which I did. I did not relish the idea of commuting so found a flat in Belgravia. I discovered that Belgravia is close to everything: theatres, galleries, exhibitions and, of course, shops. Enough to delight the most discerning girl’s heart!! So I abandoned the idea of going to live by the sea.
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Divorce: inspecting confidential information now unlawful
The case of Imerman v Imerman has triggered great interest in the press for two reasons. First, because the final award to Mrs Imerman looks set to be one of the highest ever reported, given the size of wealth available for division (estimated at £370 million). The second is due to the Court of Appeal’s recent controversial decision that Mrs Imerman should not be allowed to keep copies of financial documents secretly obtained from her husband’s computer; and that any similar action by spouses in future is unlawful and liable to appropriate punishment.
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Christmas in Belgravia
Five weeks to Christmas and to kick off the festive season, Pimlico Road and Elizabeth Street will be hosting the annual Belgravia Christmas Sunday on 5 December from 11 am to 4 pm.
As Father Christmas and his reindeer make their way through the streets, visitors can sample delicious hot food and drink and shop at the festive craft stalls and boutique shops. Brass bands and local school choirs will provide the extra festive cheer and there will be free rickshaws to transport people between the streets. Child & Child shall be in attendance in support of the event.
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Wear it pink - breast cancer campaign
We continue to support the Wear it Pink breast cancer campaign, which uses donations to fund world-class research throughout the UK and Ireland leading to improved diagnosis, treatment, prevention and cure.
Both Child & Child offices got into the full spirit of this event, which included a competition for the most pink-attired person on the day. The prize (sparkling rosé) went to Lorna Smart at our 79 Knightsbridge office.
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