Case round up

Osborne Clarke | Property Law Journal | February 2018 #358
Rebecca Francis, Alexandra Foxon and Ed Socha summarise some of the key property decisions and lessons from 2017 UKI (Kingsway) Ltd v Westminster City Council [2017] A dispute arose regarding the council‘s service of a completion notice, the intended effect of which was to fix the date on which a building that had been redeveloped …

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Case Update: Prét-à-porter penalties

Sykes Anderson Perry | Property Law Journal | December 2017/January 2018 #357
Duncan Brown reviews a case providing a timely reminder when drafting side letters ‘To the extent that the side letter purported to permit the landlord to impose a secondary obligation (the increased rent) upon the happening of any breach of any term in the lease, that secondary obligation was capable of being a penalty.’ The …

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Drafting: The letter of the law

Burges Salmon LLP | The Commercial Litigation Journal | March/April 2017 #72
Brioney Thomas and Grace Dawson Stephens weigh up a recent decision on penalties ‘The case is authority that a price reduction, recorded separately but contemporaneously with a main agreement, should be considered a primary obligation of the overall deal.’ Practitioners should take note of the recent application of the law on penalties in Vivienne Westwood …

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Leases: When the side becomes the main

Nabarro LLP | Property Law Journal | April 2017 #350
Anna Ralston takes a closer look at termination traps in rent concession letters ‘Parties to side letters need to consider carefully the content of any potential termination mechanisms.’ Finding a concession letter nestled in the deeds packet is very common. Commercial landlords and tenants often document the ‘main deal’ in the lease and then agree …

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