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Property Case News

Catch up on the big legal cases affecting the property markets from the UK and Europe.

Exterior of The Cavendish Hotel

Protected business tenancies may not be so secure after all

27 July 2017

In S Franses Ltd v The Cavendish Hotel (London) Ltd, the High Court held that a landlord is entitled to refuse the grant of a protected business tenancy on redevelopment grounds even where the redevelopment is devised solely for the purpose of evicting the tenant and confers no other benefit on the landlord.

Legal consultation

Relying on section 49 LPA 1925 – can you be rock solid?

7 February 2017

The payment of a deposit by a buyer to a seller under a contract for sale is a fundamental part of a transaction since it comprises the “consideration” that all first year law students learn is necessary – along with offer and acceptance – for the formation of a binding agreement between parties.

Legal consultation

Property tycoon facing £611m debts loses high court battle

27 January 2017

A property tycoon facing debts of £611m has lost a High Court battle with creditors over an individual voluntary arrangement (IVA) that would have seen creditors receive seven pence for every pound owed.

Julian Bisson

Preparation will help landlords avoid service charge pitfalls

29 September 2016

Service charges have the potential to become a fairly contentious issue between landlords and tenants. Indeed, an intermediate landlord recently faced litigation over the reasonableness of the amounts claimed.

Cotton production

Court of Appeal shakes up contract law

21 September 2016

A recent Court of Appeal judgment, MSC v Cottonex (2016), has clarified the law around repudiatory breaches of contracts, specifically the ability (or inability) of an innocent party to affirm a contract where a repudiatory breach has occurred.

Kate Nyakecho

The ‘vacant possession’ pitfall of ending a commercial lease

2 September 2016

Commercial tenants with a ‘vacant possession’ break clause in their lease run the risk of nullifying the termination of the lease by failing to properly remove all their belongings from the premises - even down to internal walls and floor coverings - a recent ruling by the High Court has found.

Georgina Squire dispute resolution at Rosling King

Landmark judgment for lenders on negligent valuation case (1 July 2016)

5 July 2016

The Court of Appeal has issued a landmark judgment in a professional negligence case setting a new precedent by changing the legal principle of causation.

Legal consultation

Supreme Court rules in landmark human rights law possession case (16 June 2016)

17 June 2016

The Supreme Court has ruled that the Human Rights Act does not apply in possession claims between private parties, preventing a major expansion of human rights into private contractual disputes.

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Marks  Spencer

Happy, healthy and hard-working: new programme helps retailers boost wellbeing

21 September 2017

Last week, the UK Green Building Council (UK-GBC) launched the second iteration of its Wellbeing Lab programme.

Company dispute

Now that tribunal fees are unlawful, it's time to evaluate risk

20 September 2017

The Supreme Court has unanimously allowed Unison’s appeal against the legality of the Employment Tribunal and Employment Appeal Tribunal fee system, marking an end to the trade union’s four-year fight.

8-10 Broadway, New Scotland Yard

Scotland Yard verdict demonstrates Khan’s tough stance on affordable housing provision

14 September 2017

London mayor Sadiq Khan has laid down a marker on affordable housing and viability assessments in the capital by rejecting an amended proposal for the former New Scotland Yard building.

Fish Island Village

Living and working spaces reintegrated

8 September 2017

For a century or more, residential and commercial projects have been treated as separate worlds. But over the next 20 years urban development will increasingly focus on new kinds of integrated schemes involving a sophisticated blend of both elements.

CBRE Diversity Week

CBRE celebrates diversity in the workplace with busy week of events

8 September 2017

CBRE concluded its second annual Diversity Week today. Building on positive staff feedback from the inaugural event, the week has seen interactive workshops, keynote speeches and networking events held in CBRE’s London West End and City offices as well as across the UK.

Francis Crick Institute, King's Cross

Open sesame: London’s hidden gems

30 August 2017

This year marks the 25th anniversary of Open House London, the annual mass participation event set up by Victoria Thornton, in which hundreds of usually private spaces open their doors to the public for a weekend.

Construction

It will take more than the rise in fees to clear the planning back log

25 August 2017

With applications increasingly trapped in the system and with the delivery of development projects stalling as a result, does the government’s proposed 20% increase in planning application fees really go far enough?


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