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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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Theresa May

The Conservative manifesto unveils more changes to the business rates system

25 May 2017

The Conservatives are planning further changes to the business rates system if they retain power in next month’s general election, the party’s manifesto has revealed.

Office blur credit phokin Shutterstock

Let us create buildings that make people feel better

24 May 2017

With even the famously stiff-upper-lipped Royal Family opening up about their mental health, it seems the stigma surrounding the topic is finally beginning to fade away, so it was heartening to see the property industry come out so strongly recently for Mental Health Awareness Week.

Businesswomen

Addressing the lack of board diversity starts at the grass roots level

23 May 2017

Casting our minds back to the property industry of yesteryear, diversity was not even a consideration for big real estate businesses. However, the past ten years have seen the sector make enormous strides in hiring and retaining a diverse workforce.

Supreme Court

Supreme Court rules on importance of ability to demonstrate a five-year housing supply

17 May 2017

Last Wednesday, the Supreme Court handed down a judgment that will have profound implications for the development of green-belt land.

York floods

Q&A: Dr Torolf Hamm and Edward Brown on how the real estate industry is tackling climate risk

12 May 2017

Last month, a major new report on climate risk by insurance broker Willis Towers Watson called for tougher stress testing, among other measures, in order to tackle what it called the growing global climate resilience gap.

Digital Economy Act

Landowners' income may drop under Digital Economy Act

11 May 2017

Emma Broad and Carla Revelo explain the changes to the new electronic communications code and how they will affect landowners.

Interchange, Camden

Q&A: What can participants expect from this year’s Green Sky Thinking events?

4 May 2017

The Green Sky Thinking programme returns on 15 May for a week of events across London for built environment and property professionals.

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