Anthony Tanney of Falcon Chambers Freelance

Property Week

Stories by this contributor.

  • A case approach to the right of re-entry

    25 June 1999

    Peaceable re-entry The Lomax case demonstrated that an administration petition doesn't restrict peaceable re-entry for landlords Landlords should note that not all 'self-help' remedies are given such a lenient treatment by the insolvency legislationIn Re Lomax Leisure Ltd (The Times, 4 May, Neuberger J), the case turned on whether a landlord could end a lease by peaceable re-entry after presenting to court a petition for an administration order against a compan

  • Taking the sting out of lease renewals

    30 April 1999

    Evidence in lease renewals The permitted user, frequency of rent review and the length of term may have an impact on rent to be paid under a new tenancy Many county court judges are unfamiliar with the jargon used by valuers: language used by experts should be simple, clear and intelligible

  • If the cap fits, how much will it cost?

    1 April 1999

    Quantifying lenders' damages Valuers' maximum liability was capped in South Australia Asset Management Corporation v York Montagu (SAAMCO) However, Platform Home Loans v Oyston tips the scales slightly back in the lender's favour

  • Kleinwort Benson: a catch-22 decision?

    12 March 1999

    Recovery of money paid under a mistake Before the Kleinwort Benson case, it was believed that payments to a landlord made under a mistake of law could not be recovered by tenants The law is now clear, but as the subsequent Nurdin & Peacock case shows, there are still points that need to be resolved The effect of the landmark House of Lords decision in Kleinwort Benson v Leicester City Council (1998, 3 WLR 1095) on the possibility of recovering overpayment of se

  • Making hearsay into admissible evidence

    5 February 1999

    Hearsay and the expert's view The Civil Evidence Act 1995 made hearsay admissible in civil proceedings, thus allowing an expert witness to refer to information acquired from professional sources However, hearsay is not admissible evidence in criminal courts, where an expert witness's opinion must still be proved by non-hearsay facts

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