This category can only be viewed by members.
Rebecca Francis, Colette Krawczyk and Chris Lee take a look at the key areas of development for real estate practitioners for 2019 ‘Decisions in each of these areas will provide for increased market certainty and should help to unlock many of the current issues in dispute between landowners and operators.’ While Brexit is likely to …
Continue reading "2019 in real estate: Future gazing"
This post is only available to members.
Andrew Ross and Sarah Quy discuss a case where the court emphasised the public interest in honouring private rights ‘The court’s decision indicates that responsible developers should seek release of covenants before developing in breach.’ In November 2018 the Court of Appeal decided in Alexander Devine Children’s Cancer Trust v Millgate Developments Ltd [2018] that …
Continue reading "Restrictive covenants: No release permitted"
This post is only available to members.
Joanne Wicks QC reports on S Franses Ltd v The Cavendish Hotel (London) Ltd ‘It is established law that to succeed on ground (f) a landlord must show that it has a genuine, firm and settled intention to carry out the relevant works and that it has a reasonable prospect of being able to do …
Continue reading "Landlord and tenant: The best of intentions"
This post is only available to members.
Kathryn Copeland reviews the key developments in commercial landlord and tenant law in 2018 ‘The increase in CVAs has begun to cause a landlord backlash, most notably with House of Fraser’s landlords banding together to oppose the proposed CVA on the grounds of “unfair prejudice” and “material irregularity”.’ Spotlight on CVAs This year saw an …
Continue reading "Landlord and tenant: A roundup of 2018"
This post is only available to members.
The Court of Appeal has considered whether the Secretary of State is required to give reasons for deciding not to ‘call in’ a planning application. Ralph Kellas considers the court’s findings and its implications ‘Lewison LJ deemed it an important question whether the SoS is required to give reasons for his decision whether or not …
Continue reading "Planning update: A legitimate expectation to what, exactly?"
This post is only available to members.
A landlord should consider the longer term goals when a tenant falls into arrears, as Helena Davies finds out ‘Sometimes the potential outcomes of exercising a certain remedy are counterproductive to the overall aim of the landlord.’ When a tenant falls into arrears of rent, a landlord has the choice of a number of available …
Continue reading "The right to forfeit: Choose your remedy with care"
This post is only available to members.
Do ATMs amount to hereditaments for the purposes of business rates? A recent decision may provide good news to retailers and ATM operators, as Bryan Johnston and Ross Wilson discover ‘While the listing of an individual ATM may not be in the grand scheme significant, when the actual number of ATMs affected is considered, the …
Continue reading "Business rates: A welcome relief"
This post is only available to members.
John Starr reports on a construction case where the court reviewed an exclusion clause that sought to exclude all liability ‘It was clear to the court that contractors in the fire-suppression business routinely seek to limit or exclude their liability for losses which might occur a long time after their work is done, and in …
Continue reading "Construction focus: A stringent limitation of liability"
This post is only available to members.
Mark Pawlowski examines the remedies available to an undue influence claimant under English law ‘Considerable doubt remains as to whether equitable compensation is available in every case of undue influence or only those in which there is an equivalent fiduciary relationship of, say, solicitor and client or trustee and beneficiary.’ The effect of a finding …
Continue reading "Undue influence claims: What remedies?"
This post is only available to members.
What happens when a collateral warranty has expired? Aidan Steensma, Matthew Taylor and Marcus Barclay examine a recent TCC decision ‘The settlement of a claim made by the developer/landlord will not necessarily prevent a similar claim being made by the tenant under the terms of the warranty.’ A recent TCC decision has considered an innovative …
Continue reading "Repair: Defects claims in tenant-developer cases"
This post is only available to members.
