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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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Data compliance

Businesses must look seriously at their data compliance

29 March 2017

Root-and-branch data protection reform is coming under the General Data Protection Regulation (GDPR). Even though this is European legislation, the UK government has confirmed that it will still become law. It takes effect on 25 May 2018, which is not as far off as it sounds.

Ginny Warr

Q&A: British Land realises benefits of opening up dialogue with suppliers and advisers

28 March 2017

In what is believed to be an industry first, British Land recently organised a conference for its suppliers and advisers.

Finance

Industry secures key revisions to new tax legislation

23 March 2017

The property industry has welcomed revisions in this week’s Finance Bill to legislation on tax relief for interest costs that help to address potentially damaging and unintended consequences for property developers and investors.

Courtyard of Chengdu China

Q&A: LFA report shows how valuable architecture is to London’s economy

22 March 2017

The economic value of London’s architecture sector was revealed for the first time last week in new research published by the mayor of London’s economics team in partnership with the London Festival of Architecture (LFA).

Commercial buildings, London

Why ownership structures will change in the future

16 March 2017

The traditional concept of property ownership is coming under increased and significant pressure. Socio-economic developments and market disruption are posing questions about the future of ownership as both an aspiration and investment.

Geeta Nanda

‘Mix up the panel’: industry must do more to ensure speaker diversity at property events

14 March 2017

How can London’s property industry ensure that panels at events reflect a greater range of participants than just white men of a certain age?

Somerset House

Workspaces for smaller firms in the capital are increasingly under threat

2 March 2017

Last week, independent policy network Future of London published a report calling on local government, developers and workspace operators to maximise the regeneration potential of sites capable of providing workspace for small businesses.

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