Case News
Property Week
Stories with this category.
-
‘Best endeavours’ clause can land you in trouble
11 May 2012
The message: An obligation to use best or reasonable endeavours may have onerous consequences if it is enforceable
-
Tenant’s insolvency is landlord’s occupational hazard
13 April 2012
The message: Landlords pay the price when a tenant goes into administration
-
Signature obtained by deception guaranteed nothing
05 April 2012
The message: A tenant’s guarantee was rendered invalid because of undue influence
-
Signature obtained by deception guaranteed nothing
05 April 2012
The message: A tenant’s guarantee was rendered invalid because of undue influence
-
Hell hath no fury like a neighbour wronged
30 March 2012
The message: Neighbours should mediate and not litigate
-
Fact and construction are part and parcel of conveyance
23 March 2012
The message A precise measurement of land in a conveyance may be overridden by other factors.
-
Hong Kong bribery probe leads to property arrest
23 March 2012
An executive director at Hong Kong’s Sun Hung Kai Properties was arrested this week as part of a bribery investigation.
-
A fictional purchase can come back for very real bite
09 March 2012
The message: Solicitors acting for lenders could pay a heavy price for carelessness.
-
X-Leisure in Luminar litigation over administration rents
09 March 2012
Leisure park owner takes legal action against administrator Ernst & Young
-
Tchenguiz: my arrest was leaked
02 March 2012
Vincent accuses Serious Fraud Office at Leveson Inquiry of alerting press to raid during MIPIM
-
Erect barricades and you might just spark controversy
24 February 2012
The message A lawful user of an easement cannot be punished for other users’ unlawful use.
-
Tchenguizes granted review
24 February 2012
Vincent and Robert Tchenguiz were granted a judicial review of the circumstances surrounding their arrest this week as details of the allegations levelled at Vincent emerged for the first time.
-
Bank of Ireland sues Edward Symmonds over valuation
17 February 2012
Edward Symmons is facing a £4.9m claim from Bank of Ireland over a property valuation, as the lender seeks to recoup losses incurred by the collapse of one of its debtors.
-
Turn away an offer and there’s no return
17 February 2012
The message: Failure to engage in alternative dispute resolution can prove costly.
-
Property owner takes route 66 to compensation
10 February 2012
The message: A property owner may be entitled to compensation for blocked access to the highway.
-
Kallakis retrial follows illness
03 February 2012
Co-defendant hospitalisation leads to dismissal
-
Lack of interest lands tenant in hot water
03 February 2012
The message: Legal principles can take precedence over fairness.
-
Kallakis berates 'desperate' Allied Irish bankers
27 January 2012
The actions of Allied Irish Bank staff during the property boom came under scrutiny this week as property and shipping tycoon Achilleas Kallakis told jurors he could obtain credit and complete a deal in just 12 days.
-
Pilloried posts did not prove possession
27 January 2012
The message: Meaningful retaking of land is needed to remove squatters.
-
Hong Kong broker key to Kallakis defence
20 January 2012
Middle man allegedly arranged for Sun Hung Kai to provide overriding leases
-
The court, the thief, his wife and her solicitor
20 January 2012
The message: Free advice can prove very costly.
-
Deposits have had obligations since the dawn of time
13 January 2012
The message Failure to make timely payment of a deposit normally allows the seller to end the contract
-
Neighbour takes steps to sever relations
16 December 2011
The message Protect informal rights over registered land at the Land Registry.
-
Property Law: Two plus two does not equal four
2 December 2011
The message Assigning part of leased property results in physical severance of the property.
-
Don’t bother to argue registration niceties
4 November 2011
A lender may be able to exercise a power of sale, even if its mortgage is not registered.
-
Judges enforce status quo
21 October 2011
LEGAL CASE NEWS with Warren Gordon: The court has a broad discretion in determining interim rent on a business lease renewal.
-
Definition of superior landlord’s consent is complex
7 October 2011
The message: Pre-conditions to completion under an agreement must be clearly stated
-
Valuers at a loss to explain error of judgement
23 September 2011
The Message: Professionals should not act without the required expertise
-
Hirose kicks up a stink but fails to curry judge’s favour
16 September 2011
The message: The character of a property’s locality is important in deciding whether its odours are a nuisance
-
No giant leap for Mann into tenancy
9 September 2011
The message: Intra-group dealings can bind the parties and cause complications.
-
Beyond reasonable: doubts about standard contract
26 August 2011
The message: The Unfair Contract Terms Act 1977 can substantially interfere with contractual relations freely made
-
No guarantees on tenants’ assignees
19 August 2011
The Message: A contractual requirement for a tenant’s guarantor to guarantee an assignee’s liability is invalid
-
Don’t get carried away on a subject-to-contract basis
5 August 2011
The Message: Parties that jump the gun may well suffer the consequences
-
Claim your deposit before lease expiry
29 July 2011
The message: Tenants should claim before the lease expires for landlords’ breaches on deposits.
-
Residents take control in management dispute
8 July 2011
Residents of a London apartment block have become embroiled in a dispute with their former managing agent and the freeholder – companies owned by the Tchenguiz Family Trust
-
When possession is nine-tenths of property law
8 July 2011
The Message: Tenants who serve lease break notices must vacate on time
-
Residents failed to box clever over changes at Royal Albert Hall
1 July 2011
The Message: A council had no statutory obligation to notify nearby residents of a licensing application
-
To rely on a personal guarantee, make sure you tell the missus
24 June 2011
The Message: Banks may face difficulties enforcing personal guarantees
-
‘Rampant greed’ condemns McGarry to seven years in jail
17 June 2011
Disgraced valuer weeps in court before judge hands down sentence
-
Court prepares for Preston v Blackburn clash
17 June 2011
Blackburn’s challenge to Preston’s Tithebarn will be heard this month
-
Ex-Dunlop Haywards valuer McGarry jailed for seven years
14 June 2011
Former Dunlop Haywards valuer Ian McGarry was today sentenced to seven years for his part in a £49m mortgage fraud.
-
Building works took shine off a tinsel-making business
10 June 2011
The message: An employer is not generally liable for the unlawful acts of an independent contractor.
-
End of Ideas leads to open and shut case for windows
20 May 2011
The message: Clear drafts can avoid expensive litigation
-
Taxpayer wins first Stamp Duty Land Tax scheme appeal
19 May 2011
Tax litigation lags behind the times as cases wend their way into court. More than 7 years after Stamp Duty Land Tax took effect we have the first significant judgment on it.
-
A wake-up call to contact your witnesses early
13 May 2011
The message: Parties should ensure they serve all their witness evidence before trial
-
Tchenguiz judicial review launched
13 May 2011
Several companies controlled by the Tchenguiz Family Trust have applied for a judicial review of the conduct of the Central Criminal Court and Serious Fraud Office in the granting of a warrant for the search of their Park Lane offices on 9 and 10 March and the way those searches were carried out
-
Landowner wins battle to evict mobile home user
28 April 2011
The Court of Appeal has strengthened the hand of landowners who want to evict people living on their properties in mobile homes
-
Settlement in controversial rights of light case
29 March 2011
Highcross subsidiary HKRUK II (CHC) has settled its rights of light dispute with neighbouring property owner Marcus Heaney.
-
Tensions build in Kaupthing case
18 March 2011
The Tchenguiz brothers vow to contest their arrests last week
-
Put this one down to experience
04 February 2011
Legal case news
-
Churchill wins fight to the death of ‘vendors’ consent’
28 January 2011
The message: An obligation requiring “vendors’ consent” to alterations ceased with the original vendors’ death
-
McGarry mortgage fraud was ‘avoidable’
28 January 2011
Banks and building societies failed to carry out adequate checks, court hears
-
McGarry and Afzal plead guilty to involvement in £50m mortgage fraud
25 January 2011
Former Dunlop Haywards head of valuations Ian McGarry and Birmingham businessman Saghir Afzal have pleaded quilty to involvement in a £50m commercial mortgage fraud.
-
Legal case news: Law of cause and effect can earn commission
21 January 2011
The message: Commission agreements need to be carefully worded
-
A botched buy and leaseback could cost you your home
14 January 2011 upload
The seller in a sale and leaseback must ensure its new lease has priority over the buyer’s mortgage
-
McGarry fraud trial to begin next week
14 January 2011 upload
The trial of former Dunlop Haywards head of valuations Ian McGarry and seven others accused of a series of multimillion-pound commercial mortgage frauds is due to begin on Monday
-
US legal eagle eye spreads across internet
14 January 2011 upload
UK developers should be wary of how they market properties for sale
-
Legal case news: Ensure contracts are something to write home about
07 January 2011
The message: Badly drafted guarantees may be ineffective
-
The road to hotel is paved with bad intentions
17 December 2010
The message: Open, unforced use of a road for 20 years without the owner’s consent can establish a legal right
-
Frontier claim lodged in High Court
16 December 2010
The particulars of a High Court claim by the owners of Frontier Estates against co-owner Ray Palmer and two of its directors became public this week.
-
Signed, sealed, delivered without a get-out clause
10 December 2010
The message Parties need to be careful not to settle disputes prematurely.
-
Westbrook cleared of harassment claims
9 December 2010
Westbrook Holdings was yesterday cleared of criminally harassing a tenant at Dolphin Square, London’s biggest single private apartment block.
-
Landlords not boxed in by deposit safety rules
03 December 2010
The message Landlords will be relieved over the time for compliance with requirements of tenancy deposit protection schemes
-
Tenants off the hook in prostitutes blame game
26 November 2010
The message Tenants may escape responsibility for brothels run on their premises.
-
If you miss the first date you may not get a second
19 November 2010
The message Mistakenly ending a contract early following service of a notice to complete may not constitute a repudiation of the contract
-
No love lost in new Pyramus and Thisbee precedent
12 November 2010
Legal case news Jonathan Ross
-
You don’t have to be Kojak to prove dishonesty, just cogent
05 November 2010
Legal case news: Warren Gordon
-
Solicitors confounded by flaky lending and fake vendors
29 October 2010
The message
-
Top priority in the case of a bankrupt borrower
22 October 2010
Legal case news
-
Legal case news: Standard Life Investments Property Holdings v W & J Linney 25.01.10
08 October 2010
No break in case of mistaken identity
-
Green gets a lift
01 October 2010
London mayor Boris Johnson used his speech at the launch of World Green Building Week in the UK to set out his green initiatives for the capital
-
Legal Case News: Jonathan Ross (HKRUK II (CHC) v Heaney, 03.09.10)
01 October 2010
Floor could disappear under you if you deny a neighbour’s right to light
-
Valuation Office Agency ‘drags heels’ over empty rates
01 October 2010
The property industry was livid when business rates relief for empty properties was scrapped on 1 April 2008. Now, it is becoming frustrated by the Valuation Office Agency and its tougher stance over exempting properties from paying rates, even in legitimate cases, where properties are being refurbished or redeveloped.
-
Legal case news: Roadside Group v Zara Commercial (30.07.10)
24 September 2010
Subtenant drives forecourt leaseholder round the bend
-
Summary judgment leads to winter of discontent for Spring
17 September 2010
The message: Landlords have more time to oppose lease renewals on redevelopment grounds.
-
Legal Case News: Area Estates v Weir (20.07.10)
3 September 2010
Sellers must be in the right state of mind to cover defects
-
Victory for private property in Balfour inheritance case
19 August 2010
Property used for business purposes is exempt from inheritance tax, after a precedent was set in a victory for Lord Balfour’s descendents against HM Revenue & Customs.
-
Legal case news: Warren Gordon
06 August 2010
You can’t go applying tenancies at will
-
Legal case news: Warren Gordon
23 July 2010
Failure to complete leaves seller in worse condition
-
Legal case news: Jonathan Ross
16 July 2010
When a house is not a home
-
What’s in a name? Quite a lot if you’re serving a break notice
09 July 2010
The message: Ensure that the right party gives a notice to terminate a lease
-
CEMARs no Achilles' heel
25 June 2010
The Environment Agency has approved the Certified Emissions Measurement and Reduction Scheme (CEMARS) system, run by consultant Achilles, as a way to assess actions companies have taken to improve energy use for the Carbon Reduction Commitment
-
Cold calls lead to hot water
25 June 2010
The High Court has wound up European Property Management after it misled prospective investors to induce them to buy shares
-
Green wall tough to scale
25 June 2010
Law firm Taylor Wessing and the British Property Federation this week published a report on sustainability in the property industry, Hitting the Green Wall … and Beyond
-
Legal case news: Hotgroup v the Royal Bank of Scotland (28.05.10)
25 June 2010
Time is money when brokering a deal over breaking leases
-
One in 10 avoid new firms
25 June 2010
Business information group Creditsafe has published research that shows 9% of firms will not trade with a company that is less than one year old, 12% will not trade with a company that does not have a website and 51% will not trade with a company that only has a PO Box address
-
RSM Tenon rates Colliers
25 June 2010
Business services company RSM Tenon has appointed the rating division of Colliers International to undertake a review of its office portfolio across England, Wales and Scotland to help it reduce its business rates liability
-
Legal Case News: Aldgate Construction v Unibar Plumbing & Heating, 14.05.10
11 June 2010
What’s the damage for negligence?
-
NFU Mutual Insurance Society v HSBC Insurance UK (19.04.10)
04 June 2010
Double trouble with buyers’ and sellers’ insurance
-
CPC ‘paid £2m for 20% of Barracks company’
28 May 2010
Candy & Candy also received £400,000 a month for Chelsea Barracks advice
-
North Eastern Properties v Coleman and Quinn (19.03.10)
21 May 2010
A finder’s fee may not keep a contract on track
-
Wheeler bounces back from Brixton ‘with scores to settle’
21 May 2010
After a bruising tribunal defeat, the industrial developer’s ousted chief executive is preparing to take on new challenges in and away from property
-
Linpac Mouldings v Aviva Life & Pensions UK (22.04.10)
14 May 2010
Tenant breaks: This time it’s personal
-
Bridgewater Canal Company v Geo Networks (19.03.10)
7 May 2010
Pain with cables for canal and broadband protagonists
-
Scotia Plastic Binding (in administration) v London Development Agency (12.04.10)
30 April 2010
No compensation after premature evacuation
-
Wayne Smith v The Land Registry (10.03.10)
23 April 2010
Squatter drives into legal dead-end by claiming Queen’s highway
-
Scullion v Bank of Scotland (18.03.10)
16 April 2010
Borrowers always rely on value judgements from professionals
-
Ng v Ashley King (Developments) (11.03.10)
9 April 2010
Deposits count when calculating damages for failed purchases
-
Legal case news: FoodCo UK & Ors v Henry Boot Developments - 03.03.10
01 April 2010
Ain’t no stopping them at Henry Boot’s Stop 24
-
Good Harvest Partnership v Centaur Services (23.02.10)
26 March 2010
No guarantees when it comes to tenant guarantors
-
LEGAL CASE NEWS: Joyce v Bowman 18.03.10
19 March 2010
What are the chances of making a calculated loss?
-
Legal Case News: Draycott v Hannells Letting 12.02.10
12 March 2010
Deposit Protection Service is no banker for tenants
-
Legal case News: Robot Arenas v Waterfield and Others, 08.02.10
05 March 2010
Robot destruction is a blot on the legal landscape
-
Akzo Nobel UK v Arista Tubes (29.01.10)
26 February 2010
Terminator says ‘hasta la vista’ to business purchase agreement
-
Legal case news: Westvilla Properties v Dow Properties 15.01.10
19 February 2010
Purchaser discovers the devil is in the detail
-
Legal Case News: Supershield v Siemens 20 January 2010
12 February 2010
The message In certain cases, a contract breaker will be liable for damage resulting from his breach, even if the damage would not have occurred in ordinary circumstances
-
Van Dal Footwear v Ryman (03.12.09)
5 February 2010
The damaging effects of compensating disrepair
-
Legal case news: Graham Weir v Area Estates 18.12.09
22 January 2010
Due to a slight technical hitch, the sale has fallen through
-
Legal Case News: Davill v Pull and Sanderson 10.12.09
15 January 2010
It ain’t what you do, it’s the right of way that you do it
-
Case news: RBS v Mr D Allen, Court of Appeal (20.11.09)
18 December 2009
The message: Banks may be required by law to physically alter their branches to provide disabled access.
-
Case news: Thompson v Bee (20.11.09)
11 December 2009
The message: Disputes over the extent of the use of a right of way are common between neighbours
-
Case news: Patel v Keles (12.11.09)
04 December 2009
The message: A landlord may struggle to successfully object to its tenant’s statutory lease renewal based on its intention to occupy, where the landlord is likely to sell the premises
-
Case news: New v Gromore (06.11.09)
27 November 2009
Developers must respect a tenant’s rights and possessions.
-
Case news: Davies v Dennis and others (22.10.09)
20 November 2009
Covenants that restrict a nuisance or annoyance may prevent building works on an estate, even where the works may have been approved by the estate's management company
-
Case news: Shamas Charania v Harbour Estates (27.10.09)
13 November 2009
Vendors can be unaware of their liability to pay estate agents commission.
-
Case news: Nationwide Building Society v Wright (29.07.09)
06 November 2009
The Court of Appeal has laid down important guidance concerning the effect of an individual’s bankruptcy on pre-existing charging orders.
-
Case news: Somerfield Stores v Spring (Sutton Coldfield) (12.06.09)
30 October 2009
The message: A landlord’s insolvency can assist a tenant renewing its lease.
-
Case news: K/S Lincoln and others v CBRE Hotels (02.10.09)
23 October 2009
A damages claim against a valuer for an allegedly negligent valuation may be affected where the claim is allegedly tainted by an illegality.
-
Case news: Stoll and Atkins v Wacks Caller (21.09.09)
16 October 2009
Negligence by a solicitor is only relevant if it causes a loss.
-
Case news: Langley Park v Bromley (31.07.09)
9 October 2009
When deciding whether to grant planning permission for a development, local authorities should consider alternative locations, particularly where sensitive sites are involved.
-
Case news: NIRAH Holdings v Hanson Building Products and Another, High Court (11.09.09)
02 October 2009
The message: A party is bound by the terms of an agreement and cannot subsequently seek to rely on matters for which it has not provided
-
Case news: Mount Anvil Group and Others v Volans Management and Lupus Associates (30 July 2009)
25 September 2009
The message: Two agreements can be so closely linked that the termination of one will lead to the termination of the other, even if this is not expressly provided for in the documentation.
-
Case news: North Eastern Properties v Coleman and Quinn (20.08.09)
18 September 2009
The Message: Serious delay by developers in completing the construction of properties may allow buyers to terminate their purchase contracts.
-
Case news: Inclusive Technology v Williamson (07.05.09)
11 September 2009
The message: A tenant may be entitled to compensation when it leaves its premises and gives up a right to a new lease because of misrepresentation by the landlord
-
Case news: Corus UK v Cavendish (UK) and Another 07.08.09.
04 September 2009
The message: A failure by a party to appreciate it has a claim can lead to it being brought too late.
-
Case news: Transport for London v Spirerose (in administration) 30.07.09
28 August 2009
The Case: Should compensation for land that has been subject to statutory compulsory purchase be assessed on the basis that consent for development would be granted, or should the amount produced by such an assessment be discounted to reflect the lack of certainty?
-
Case news: Clark v Lucas Solicitors (31.07.09)
21 August 2009
The case: A firm of solicitors has been found liable to the purchasers of a property to pay off a charge secured on it, despite the amount required to do so being twice the value of the property (Clark v Lucas Solicitors, 31.07.09).
-
Case news: Baynes Clarke v Corless (08.07.09)
07 August 2009
The message: To enforce a constructive trust claim, there must be clear agreement on the basic details of the arrangement
-
Case news: Fitzroy Robinson v Mentmore Towers (07.07.09)
31 July 2009
The message: Witnesses need to ensure their evidence is credible
-
Case news: Reeves v Blake (24.06.09)
24 July 2009
The message: Party wall awards can only make orders for the payment of costs in limited circumstances
-
Case news: Prudential Assurance Company v Exel UK and another (25.06.09)
17 July 2009
The message: A notice will be invalid if its meaning is not clear
-
Case news: Adler v Ananhall Advisory & Consultancy Services (18.07.09)
10 July 2009
The message: The Courts are very wary of implying a term into an agreement that conflicts with its express terms
-
Case news: Estafnous v London & Leeds (15.06.09)
03 July 2009
The message: An estate agent’s commission payable on the sale of a property may not be paid if the sale proceeds in a different way
-
Case news: Kent County Council v Union Railways (01.05.09)
26 June 2009
The message: An authority compulsorily acquiring land cannot avoid paying compensation to beneficiaries of options over the land by failing to serve relevant statutory notices on them.
-
Case news: Paddington Walk Management v Governors of Peabody Trust (16.04.09)
19 June 2009
The message: The recovery by landlords or management companies of residential service charges is fraught with difficulties
-
Case news: Heslop v Bishton (20.04.09)
12 June 2009
The message: Providing an alternative right of way will not prevent claims for infringement of the original right
-
Case news: Carter v Cole (20.5.09)
05 June 2009
The message: A court can restrain a landowner from carrying out activities on its own land that interfere with rights granted to another party
-
Case news: William Old International v D and S Arya (20.04.09)
29 May 2009
The message: Even though a property owner may have a right to lay electricity cables on a neighbour’s land, the right may be stymied by the electricity company’s needs
-
Case news: Siemens Building Technologies v Supershield (01.05.09)
22 May 2009
The message: Subcontractors have to beware of substantial liabilities being laid at their door
-
Case news: Chipsaway International v Kerr (11.03.09)
15 May 2009
The message: An obligation not to compete with another’s business is likely to continue to apply even though, at the time, there may be no such business to compete with
-
Case news: Artworld Financial Corporation v Safaryan (27.02.09)
08 May 2009
The message: While a landlord may seek to maintain one legal position in correspondence, its actions may result in another
-
Case news: Crooks v Newdigate Properties and Others (02.04.09)
01 May 2009
The message: A debtor who pays a debt owed by it and another debtor must ensure it preserves any right to be reimbursed by the other debtor
-
Case news: Shaw v Doleman (01.04.09)
24 April 2009
The message: Guarantors of leases will have difficulty avoiding their liabilities if the tenant becomes insolvent
-
Case news: Ofulue v Bossert (11.03.09)
17 April 2009
The message: Adverse possession claims will usually be unaffected by squatters acknowledging the owner’s title in ‘without prejudice’ correspondence
-
Case news: Anglo Continental Educational Group (GB) v Capital Homes (17.03.09)
09 April 2009
The message: The court should try to make sense of badly drafted agreements
-
Case news: Heronslea (Mill Hill) v Kwik-Fit Properties (20.02.09)
03 April 2009
The message: When interpreting a legal document, consider its background, as well as the dictionary definitions of the document’s language
-
Case news: Imageview Management v Jack (13.02.09)
27 March 2009
The message: Agents must act honestly and avoid conflicts of duty and interest
-
Case news: Waterman v Boyle (27.02.09)
20 March 2009
The message: A right of way over land will not necessarily imply a right to park on that land
-
Case news: Landlord Protect v St Anselm Development Company (20.02.09)
13 March 2009
The message: A landlord cannot normally seek additional protection as a condition for consenting to the transfer of a lease
-
Case news: Watson v Croft Promo-Sport (26.01.09)
06 March 2009
The message: Creating excessive noise at a property may constitute a nuisance and a preventative injunction is the likely remedy
-
Case news: Salvage Wharf and Birmingham Development Company v G&S Brough (29.01.09)
27 February 2009
The message: An agreement’s terms may be more limited than they appear and may not cover changed circumstances
-
Case news: Clarence House v National Westminster Bank (23.01.09)
20 February 2009
The Message: A High Court decision raises questions over the operation of virtual assignment arrangements
-
Case news: Boots v Trafford Centre (08.12.08)
13 February 2009
The message: Landlords’ solicitors have to be very careful when drafting service charge clauses
-
Case news: Orchard (Developments) Holdings v Reuters (16.01.09)
06 February 2009
The message: While a lease allowed a landlord to validate, by acknowledgment, a tenant’s informal notice to break, the acknowledgment could not be given after the break date itself
-
Case news: St Pancras and Humanist Housing Association v Leonard (17.12.08)
30 January 2009
The message: A party who keeps quiet over his property rights can lose them if another party is misled as a result
-
Case news: Morshead Mansions v L Di Marco (10.12.08)
23 January 2009
The message: Statutory limitations on recovering service charges may not apply to all service charge-related payments required from residential tenants
-
Case news: Innovate Logistics v Sunberry Properties (18.11.08)
16 January 2009
The message: The interests of the creditors of an insolvent tenant may take precedence over those of a landlord
-
Case news: Osibanjo v Seahive Investments (21.10.08)
09 January 2009
The message: The breaking of a tenant's cheque will not always lead to a landlord losing its right to forfeit a lease
-
Case news: Metropolitan Property Realizations v Atmore Investments (28.11.08)
19 December 2008
The message: A rent review award may not be final if the arbitrator fails to deal with a substantial issue when valuing the property
-
Case news: Midill (97PL) v Park Lane Estates and Gomba (11.11.08)
12 December 2008
The message: If a buyer fails to complete a sale, something exceptional will be required for the court to order to seller to repay any deposit
-
Case news: Alchemy Estates v Judith and Polly Astor (05.11.08)
05 December 2008
The message: A property buyer can lose its right to terminate a contract by not acting quickly enough
-
Case news: R Chinnock v M and V Hocaoglu (29.10.08)
28 November 2008
The message: A buyer’s failure to pay for a property by a prescribed time on the completion day may not enable the seller to scrap the sale contract
-
Case news: Yorkshire Bank Finance v A and A Mulhall (24.10.08)
21 November 2008
The message: A property owner failed to have a charging order removed from her property, even though the bank had not enforced the order for more than 12 years
-
Case news: Risegold v Escala (28.10.08)
14 November 2008
The message: A landlord has overcome a neighbour’s objections to the redevelopment of its property in the Court of Appeal
-
Case news: IN HFHA Group v ASRA Greater London (17.10.08) and Horsham Properties Group v P Clark and C Beech (08.10.08)
7 November 2008
Jonathan Ross reports on a row about a share in a housing scheme, while Warren Gordon examines a repossession that was disputed on human rights grounds
-
Case news: Finn-Kelcey v Milton Keynes Council (10.10.08) and Persimmon Homes v Hall Aggregates (10.10.08)
31 October 2008
Warren Gordon reports on an unsuccessful challenge to the construction of a wind farm, while Jonathan Ross highlights the importance of examining the terms of a sale agreement
-
Case news: Hutchison v B&DF (03.10.08) and Dadu v Barrowen Properties (05.08.08)
24th October 2008
Warren Gordon reports on a judgment that hinged on witness credibility, while Jonathan Ross examines a case in which ‘without prejudice’ evidence was dismissed
-
Case news: Coal Authority v F and W Davidson (09.09.08) and Thomas O'Donoghue v Enterprise Inns (29.09.08)
17 October 2008
Warren Gordon reports on an unsuccessful subsidence damage claim, while Jonathan Ross examines the pitfalls of not contesting a rent review properly
-
Case news: Waltham Forest v Leaseholders of Right-to-Buy (26.07.08) and Chilton-Merryweather v Hunt (19.09.08)
10 October 2008
Warren Gordon looks at a case where a council failed to consult on service charges, while Jonathan Ross examines an appeal for a Council Tax rebate because of traffic pollution
-
Case news: Greenweb v Wandsworth (31.07.08) and Fosse Motor Engineers v Condé Nast (20.8.08)
3 October 2008
Warren Gordon reports on a legal loophole that forced a council to pay 100 times the market value for land, while Jonathan Ross shows how a firm must be probably – not possibly – liable for a fire
-
Case news: William Page v BNP Paribas (04.09.08) and Field Common v Elmbridge (27.08.08)
26 September 2008
Jonathan Ross shows how legalese is no substitute for common sense, while Warren Gordon reports on a council that did not observe the rules of the road
-
Case news: Town Quay v Eastleigh (04.08.08) and O’Donnell v Shanahan and Leonard (07.08.08)
19 September 2008
Warren Gordon examines how a council failed to stop a development, while Jonathan Ross reports on a case in which directors were wrongly accused of breaking the ‘no conflict’ rule
-
Case news: Sheffield City Council v Oliver (12.08.08) and Doherty v Birmingham City Council (30.07.08)
12 September 2008
Jonathan Ross examines a dispute over a tenant’s windows, while Warren Gordon reports on a council’s bid to evict gypsies that is under judicial review
-
Case news: Business Environment Bow Lane v Deanwater (31.08.08) and Herbert v Doyle and Talati (04.08.08)
5 September 2008
Jonathan Ross shows that exaggerated claims result in unnecessary costs, while Warren Gordon reports on how a developer failed to secure key space needed for development
-
Case news: Platform Funding v Bank of Scotland (31.07.08) and (Manton Securities v Nazam (17.07.08)
29 August 2008
Warren Gordon reports on a case revealing the danger for valuers of getting the wrong property, while Jonathan Ross highlights a ruling showing that even unofficial tenants can gain lease rights
-
Case news: Birmingham Development Company v Tyler (24.07.08) and Leonora v Mott MacDonald (23.07.08)
22 August 2008
Jonathan Ross explores whether fear of danger is the basis for a claim, while Warren Gordon reports on why landlords should always stick to procedure for recovering service charges
-
Case news: Wychavon District Council v the Butlers (23.06.08) and Bradford v James (18.07.08)
08 August 2008
Warren Gordon examines a case where the needs of a gypsy family outweighed green belt laws, while Jonathan Ross reports on an important ruling for future neighbour disputes
-
Case news: Weaver v London & Quadrant (24.06.08) and Landlord Protect v St Anselm Development (08.07.08)
01 August 2008
Warren Gordon explains a human rights test case for registered social landlords, while Jonathan Ross reports on a failed attempt to recover a deposit
-
Case news: Camden v Leaseholders of 30-40 Grafton Way (30.06.08) and Crown v Persimmon Homes Teesside (01.07.08)
25 July 2008
Jonathan Ross shows how Camden taxpayers will pay for a council’s failure to consult tenants, while Warren Gordon reports on a claim that a planning decision was biased
-
Case news: Anglo Continental v Capital Homes (02.07.08) and a judgement on Earl Cadogan v 26 Cadogan Square and Howard de Walden Estates v Aggio (25.06.08)
18 July 2008
Jonathan Ross examines a contract too ambiguous for a High Court judge to rule on, while Warren Gordon reports on a ruling that will allow more tenants to extend their leases
