Property Conference 20 September 2018

Transcription

1 Hosted at: Foot Anstey LLP, 2 Glass Wharf, Bristol, BS2 0FR Bristol Law Society s Annual Property Conference focussing on the latest hot topics in property law and practice. This year the conference includes a wide range of topics and expert speakers ready to share their wealth of knowledge and experience around the overarching theme of development and sustainability. As always this promises to be an engaging and informative day so book your place now. Thank you to Host Firm and Sponsors: and Exhibitors: Supported & printed by:

2 A G E N D A / C O N F E R E N C E P R O G R A M M E 8.45am 9.15am 9.20am 9.50am 10.30am 11.00am 11.15am 11.55am 12.35pm 1.05pm 2.00pm 2.40pm 3.20pm 3.35pm 4.15pm 4.55pm 5.00pm Registration and Coffee Chair s Welcome and Introduction His Honour Judge Paul Matthews Brabazon Bristol from the advent of powered flight to becoming one of the UK s largest development projects Jason Mills, Director of Development and Zoe Sharpe, Development Surveyor, YTL Developments (UK) Limited A Knotting Issue: Unravelling the recent case Network Rail v Williams; It s all about the Gas; looking at the recent matter of Caridon Property v Shooltz on gas safety certificates and Section 21 notices Matthew Cannings, Barrister, 3PB Commercial Developments A Legal Indemnities Perspective Trevor Barnett, Business Development Executive and Kirstin Nee, Senior Underwriter, Dual Asset Insurance Refreshments and Networking The New Minimum Energy Efficiency Standards Katharine Holland QC, Landmark Chambers Green Finance and the Property Market Begonia Filgueira, Legal Director, Foot Anstey S Franses v Cavendish Hotel: unsustainable development Ben Faulkner and Daniel Scott, Barristers, Wilberforce Chambers Lunch and Networking Landlords development of retained parts how far can they go? Caroline Shea QC, Falcon Chambers Sustainability Changes to and the impact of Habitat Regulation Assessments in the planning process Brendon Moorhouse, Barrister, Guildhall Chambers Refreshments and Networking Sustainable development in planning : an opportunity missed Peter Wadsley, Barrister, St John s Chambers The Hidden Hazards of the Ground Tom Backhouse, CEO and Founder, Terrafirma Chair s Closing Remarks Close

3 His Honour Judge Paul Matthews (Chair- Morning) Educated at UCL and St Edmund Hall Oxford; degrees of LLB, BCL, LLD; former practising solicitor and professor at King s College London (now visiting professor), specialising in trusts, property and succession; author or editor of various books, including Trust and Estate Disputes, Trusts: Migration and Change of Proper Law; Underhill & Hayton on Trusts & Trustees, Matthews and Malek on Disclosure, Jervis on Coroners; deputy coroner ( ) and coroner ( ) for the City of London; deputy chancery master ( ); recorder of the county court ( ); chancery master ( ); specialist civil circuit judge (chancery) 2017-, assigned to the western circuit, based at Bristol. Ben Tarrant, Partner, Thrings LLP and vice chair of Law Society Property Section (Chair-Afternoon) Ben is a partner at Thrings LLP and specialises in transactional commercial property matters and has a particular interest in the health and care sector. He acts for a range of owners, investors, occupiers, businesses, banks and operators in connection with their property requirements throughout the UK. Ben is a past President of Bristol Law Society (2013/2014) and is currently vice chair of the Law Society s Property Section which provides support and guidance to commercial and residential practitioners. Ben also sits on the Law Advisory Board to the Faculty of Business and Law at the University of the West of England, Bristol. Outside of the law Ben is a keen cyclist having completed the Bristol to Paris charity ride in 2017 in aid of Above and Beyond and he also enjoys going on the more relaxed path from Bristol to Bath. Jason Mills, Director of Development, YTL Developments (UK) Ltd Jason is the Senior Director and a statutory Board director of YTL Developments (UK). He has some 22 years of hands-on, blue-chip experience as an entrepreneurial real estate developer, derived from working on some of the largest and most complex residential and commercial development schemes in the UK, Europe and Latin America. As well as playing a key operational role running the YTLD business, Jason heads YTLD s development team and is tasked with leading the transformation of the 360 acre former Filton Airfield into the landmark Brabazon Bristol development. With outline planning approval secured for a new masterplanned City district of 2,650 homes, 2.5 Million sq ft of commercial uses, a mixed-use town centre, three schools, railway station, public park and major road and site infrastructure works, this 2 Billion GDV scheme is one of the largest development projects in the UK. Zoe Sharpe, Development Surveyor, YTL Developments (UK) Ltd Zoe is a chartered surveyor with wide experience across commercial real estate development and asset management having worked at JLL in Bristol and then for a private property company in London with a regional portfolio of circa 100 million. She is also a qualified solicitor previously specialising in residential development acting for national housebuilders. She joined YTL Developments (UK) in March 2018 with responsibility for leading the estate and asset management strategy for YTLD s existing and future portfolio. She will also be working with YTLD s commercial development team to deliver the commercial aspects of Brabazon Bristol.

4 Matthew Cannings, Barrister, 3PB (Call: 2006) Matthew s practice encompasses real property, landlord and tenant disputes, and includes matters of easements, covenants, boundary disputes, adverse possession as well as commercial and residential landlord and tenant issues including; forfeiture and lease renewals. Matthew also has experience of acting for breweries in pub-based commercial landlord and tenant matters and acting for banks and building societies in claims involving defaulting mortgagors. Matthew s real property work includes all aspects of land disputes, including neighbour disputes over right to light, trespass and nuisance. Matthew works with his clients to resolve matters as quickly and efficiently as possible, often utilising alternative options to litigation, in particular mediations and round table discussions, to avoid the uncertainty of the matter progressing to determination at trial. Kirstin Nee, Senior Underwriter, Dual Asset Underwriting Kirstin entered the legal indemnities market straight from law school and has been underwriting high net worth commercial and residential defective title policies for Scotland, Northern Ireland and the Republic of Ireland. This involves a detailed knowledge of commercial and residential property law and keeping up to date with case law and legislative changes. She then went on to be a Customer Relations Manager at Millar & Bryce (Scotland s premier provider of legal searching) before returning to her love of underwriting as a Senior Underwriter at DUAL Asset Underwriting in Since joining the team, Kirstin s specialisms have grown very much internationally as well as into the corporate sphere with DUAL Asset Underwriting s global title to share and real estate offering. Kirstin works very closely with our M&A and Real Estate clients on matters great and small and from around the world to ensure deals happen. Trevor Barnett, Business Development Executive, Dual Asset Underwriting Trevor enjoyed a 27 year career in residential mortgage lending holding a number of senior managerial & underwriting positions with several of the UK s largest banks and building societies before joining First Title Insurance where he spent 4½ years as Business Development Executive. Since joining Dual Asset Underwriting in November 2015, Trevor has been responsible for developing relationships with law firms and regional brokers engaged in residential & commercial real estate transactions promoting our legal indemnity proposition with a particular focus on the unique online legal indemnities comparison site My Legal Indemnity Shop. Trevor is currently developing our residential title insurance business in Spain working closely with Abogados and brokers to raise the awareness of available products and solutions. Katharine Holland QC, Landmark Chambers (Call: 1989; Silk: 2010) Katharine Holland QC MA BCL (Oxon) DipICArb FCIArb is a property litigation Silk at Landmark Chambers. Katharine was appointed as Queen s Counsel in 2010 and quickly developed a busy silk s practice, encompassing all aspects of property litigation and related litigation. Her focus is principally upon Court related work and she is highly experienced in appearing before a wide variety of courts and tribunals. Katharine has undertaken many high profile property related cases. Her most recent reported case is that of Manchester Ship Canal v Vauxhall Motors Limited [2018] EWCA Civ 1100, an important case on the question of whether licences can be susceptible to relief from forfeiture. Katharine is also active in the fields of arbitration, expert determination and mediation. She is a CEDR Accredited Mediator, a Fellow of the Chartered Institute of Arbitrators and in 2009 was awarded a Diploma in International Commercial Arbitration.

5 Begonia Filgueira, Legal Director, Foot Anstey Begonia is a member of our real estate team and dually qualified as both a UK Solicitor and Spanish Abogada. She is an expert in international environmental law, governance and negotiation with 20 years' experience through magic circle law firms in the City, government and the United Nations. Begonia has broad experience in advising institutions, developers, companies and law firms on all aspects of national and international environmental regulation including permitting, waste, contaminated land, water, nature conservation, environmental risk, the environmental elements of projects, the implementation of EU Directives, green finance and sustainability issues. She also focuses on the sustainability agenda for business, including sustainable finance and the impacts of climate change on governance and business innovation. She is co-chair of the United Kingdom Environmental Law Association's Brexit Task Force and a regular contributor to LexisNexis. Her love of the arts and commercial experience have also lead her to sit on the board of an international artist agency. Ben Faulkner, Barrister, Wilberforce Chambers (Call: 2008) Ben has a busy property practice at Wilberforce Chambers, which includes professional negligence, and commercial and traditional chancery work. He takes on a broad range of property work from easements, restrictive covenants and boundary disputes, to mortgage cases and landlord and tenant often complex (such as the Manchester Ship Canal litigation) and sometimes high profile (such as Gordon Ramsay s signature machine case, and S Frances). Ben has been described in Chambers & Partners as a strong and confident advocate who is well regarded by peers and clients, and is also said to have impressed solicitors with his tremendous work ethic. Of particular importance to today s talk is Ben s instruction in the S Franses v Cavendish Hotel appeal, for which the Supreme Court has given permission. If he has his way, 1954 Act cases are all about to change Daniel Scott, Barrister, Wilberforce Chambers (Call: 2016) Daniel has a diverse commercial chancery practice. His property practice is both busy and varied. He is regularly instructed in litigation involving both commercial and residential property, and also frequently provides advice on both contentious and noncontentious matters. Currently, his property work is split evenly between landlord and tenant matters and real property disputes. Daniel has a particular interest in 1954 Act cases. He very much enjoys both the legal and commercial challenges that one often encounters in such cases. Daniel s recent property instructions include several possession claims (including claims in respect of mortgaged premises), an advice on the construction of a service charge clause, and a complex adverse possession claim. Caroline Shea QC, Falcon Chambers (Call: 1994; Silk: 2006) Caroline practices in all areas of real estate ad landlord and tenant law, including interpretation of contracts; development issues; easements; proprietary estoppel; injunctive relief; forfeiture; lease renewals; nuisance. She is currently defending appeals in the field of proprietary estoppel (Moore v Moore), and hostile lease renewals (Metropolitan Properties v Norfolk Square). Described in Chambers and Partners 2018 as an outstanding silk, an iron fist in a velvet glove, she is at her best when working closely with her instructing solicitors to achieve the optimum commercial solution for their lay client. Caroline regularly contributes to the leading journals, including New Law Journal; Landlord and Tenant Review; Estates Gazette. She lectures for the Property Bar Association; Agricultural Law Association; the Property Litigation Association; the Blundell Lectures. She is a co-author of Muir Watt and Moss on Agricultural Tenancies, and The Law and Practice of Charging Orders.

6 Brendon Moorhouse, Barrister, Guildhall Chambers (Call: 1992) Brendon deals with a variety of contentious and non-contentious planning matters. As well as advising on smaller matters, he has been instructed to act for a party in the Newport M4 public inquiry, and also the forthcoming proposed Wylfa Nuclear Power Station development at Angelsey. He is also instructed to provide legal planning support for a team involved in one of Europe's largest anaerobic digestor projects. He regularly deals with planning breaches - both prosecuting for local authorities, or representing those prosecuted and also in matters where recovery strategies are required. As part of his planning and environmental law practise he is also instructed to deal with permitting applications and appeals, especially those involving environmentally sensitive locations. Tom Backhouse, CEO and Founder, Terrafirma Tom Backhouse is the founder and CEO of Terrafirma and has undertaken educational talks on the varied and many risks the ground poses. He pursues an ambition of changing the way in which we perceive, identify and act upon environmental risks to better manage and resolve the problems that are increasing in occurrence across the UK. Tom has a 1st Class degree in geology, is an academic at heart and loves to research and continuously grow Terrafirma s archive and partnerships. Having recently being elected onto the Council of the Royal Geological Society, he can pursue his passion in contributing to geoscience community, while also working collaboratively with students, universities and industry specialists to continue to improve Terrafirma s knowledge and understanding of the ground. Peter Wadsley, Barrister, St John s Chambers (Call: 1984) Peter specialises in Planning and Local Government Law, Environment Law and Licensing. He heads the Public and Administrative Law Practice Group at St John s Chambers. He also has extensive experience in public rights of way inquiries and associated topics. He has acted for developers, local authorities and third parties in many inquiries and is described by Chambers UK as the number one junior on the Western Circuit for planning and environmental work and Legal 500 as the leading planning junior on Circuit.

7 D E L E G A T E B O O K I N G F O R M Please complete this form in BLOCK CAPITALS and return one form per person (see T&Cs for multiple booking discount). We accept photocopies of this booking form or you can download from Return your booking form to: Clair Ponting, events@bristollawsociety.com ORGANISATION DETAILS Organisation: Full Postal Address: Telephone No: Accounts Department address: Person booking on behalf of delegate (if applicable): DELEGATE DETAILS First Name: Job Title: Delegate s BLS Member or Non-Member: Please specify any special or dietary requirements: Surname: BOOKING FEES - includes the full conference pack, refreshments and lunch Bristol Law Society Members 120 ( VAT) Non-Members 180 ( VAT) Data Protection Act 2018 By booking on this event, you consent to us retaining your personal details on our database to enable us to process your booking and contact you regarding the event and other future relevant training events. Please see our Privacy Notice for further information. As part of your registration, you also accept that Bristol Law Society may take photos during the event and that your photo may be taken as part of Bristol Law Society s event promotion and used for commercial purposes. Should you not wish to have your photo taken please contact events@bristollawsociety.com If you wish to be kept up-to-date with all BLS news and events, please tick the box If you are happy for us to disclose your details to exhibitors & sponsors of this events, please tick the box TERMS & CONDITIONS By booking a place on this course you are agreeing to our standard terms and conditions Booking Fees Booking fees must be received before the event takes place to guarantee your place. Book 2 delegates and receive 50% off the 3rd and subsequent delegates. The discount will be automatically applied when processing the booking. Confirmation of Booking If you have not received confirmation of your booking 14 days after registering, please contact us on or via events@bristollawsociety.com. Upon receipt of your booking, we will issue you an invoice for your payment. The venue information and final details will be sent approximately 3-4 days prior to the event. Please note that full payment must reach us before the conference takes place for admission to be guaranteed. Cancellations and substitutions Cancellations must be confirmed in writing at least 14 working days before the conference. Any cancellations received after this date will be liable for the full fee, course notes will be forwarded. Delegates who are unable to attend due to circumstances beyond BLS control and who have not cancelled in advance will still be liable for the full fee, course notes will be forwarded. No refunds will be given. Delegate name changes may be made in writing at any time at no extra charge. Indemnity It may be necessary to change the content and timing of the programme, speakers or venue due to circumstances beyond the control of BLS. We reserve the right to cancel the conference if absolutely necessary and issue a full refund of conference fees. BLS accept no liability if, for whatever reason, the conference does not take place.