Comment: Less abstraction and more clarity

Mark Pawlowski questions the usefulness of legal fictions in leasehold law ‘What is clear is that the conduct of the reasonable man is not established by the evidence of witnesses, but by the application of an impersonal legal standard by the court.’ A recurring concern among legal practitioners is the fear of uncertainty in our …
This post is only available to members.

Property Claims: Personal injury claims against landlords

In the concluding part of their two-part article Jonathan Mitchell and Georgina Cursham examine the issues that arise with accidents on demised premises ‘Any potential claim or defence against a landlord will require careful consideration of the tenancy agreement.’ In last month’s article we considered the liability of landlords at common law and under statute. …
This post is only available to members.

Overage: Implied obligations

Michael Smith reports on a recent high court decision concerning the complex issue of triggering events for overage payments ‘Overage agreements continue to present a myriad of traps for the unwary. The importance of a seller ensuring that adequate security protecting the seller’s right to overage is put in place cannot be overstated.’Renewal Leeds Ltd …
This post is only available to members.