Property Case News

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

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.

Aldi shop front

Supermarkets at war - Iceland Foods Limited v Aldi Stores Limited (6 May 2016)

16 May 2016

Aldi and Iceland have adjoining stores on the outskirts of Cambridge in unit 1 & 2 and also share an accessway and car park.

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Professional latest

Workplace drinking

Employers can be liable for misbehaviour of errant staff

21 February 2017

While many employers are aware of the potential risks of the annual Christmas party and will prepare accordingly, they would do well to remember that while the party season may be over, there will inevitably be other external work-related alcohol-fuelled events during the course of the year. Indeed, for the property sector, Mipim is just around the corner.

Housing development

Planning inspectors keep housebuilders guessing on small-site exemptions

16 February 2017

In theory, housebuilders developing smaller sites don’t have to make affordable housing contributions. There is, after all, a written ministerial statement (WMS) saying as much, and local plans are supposed to fall in line with national policy.

Gender pay gap reporting

How compulsory pay gap reporting could affect your firm

9 February 2017

In a move resisted by many business groups, the government has announced plans to encourage equal pay by introducing compulsory gender pay gap reporting for companies operating in the UK that employ 250 or more people.

Self assessment

Is self-assessment really viable when it comes to the business rates system?

8 February 2017

Businesses up and down the land already know that they face a huge shake-up to the business rates system come 1 April, with the introduction of the so-called ‘Check, Challenge, Appeal’ process.

Brent Cross Shopping Centre, Barnet

Q&A: Capita’s director of housing on the firm’s ‘centre of excellence’ for estate regeneration

31 January 2017

Last week, Capita Real Estate and Infrastructure announced the creation of a new arm of the business dedicated to housing estate renewal. Capita’s establishment of the Estates Regeneration Unit followed hot on the heels of the publication of the national strategy for estates regeneration at the end of last year.

Zero-carbon home

Local authorities and developers can still push for sustainability despite lack of government support

25 January 2017

On taking power last year, one of the first things the Conservative administration did was to scrap the target established by previous governments that all new homes should be ‘zero carbon’ - that is, they should cause no net increase in carbon dioxide pollution - from 2016.

Commonwealth Bank of Australia, London

Opening up formal spaces fosters closer ties with clients

24 January 2017

Traditionally, office areas designed for visiting clients occupy dedicated and contained spaces that are segregated from staff areas and amenities.

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