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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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Plants in an office

Office wellbeing is no passing fad so take the long view

20 July 2017

For many people, discussion of workplace trends or the future of the office turns their minds to Google another tech giant and trendy, open-plan floors with bean bags, table tennis and fake grass.

Blenheim Retirement Living, Chobham, Surrey

Planning authorities are failing to prioritise housing for older people in their local plans

20 July 2017

Developers have long complained that a major barrier to the delivery of more retirement living schemes to meet the needs of an ageing population is the planning system.

Circular Building London Design Festival

Buildings can be designed with the recycling of their materials in mind

14 July 2017

Things are starting to change in the way property and infrastructure assets are managed. The ‘circular economy’ provides a framework for us to think about how we use materials and how we get the most value from them over time.

Yasmine Lunn

Next generation steps forward as Women in Property student awards shortlist is announced

14 July 2017

Now in its 11th year, the Women in Property National Student Awards are open to second-year - or third-year in Scotland - female students that are studying on a built environment course.

BCO Conference Ken Shuttleworth

London is in rude health – but its commercial centre of gravity is shifting

12 July 2017

Given that London played host to this year’s British Council for Offices (BCO) conference, it was fitting that the capital was also the star of the show.

Newcastle

Cities should commercialise their assets to compensate for shortfall in funding

6 July 2017

At the end of June, think tank Centre for Cities released its latest research report, ‘Delivering change: how city partnerships make the most of public assets’, in partnership with building consultancy Turner & Townsend.

Office worker training

Hunger for activity-based working remains far from satiated

6 July 2017

Activity-based working (ABW) is increasingly synonymous with organisations that embrace the era of unprecedented business transformation. But my company’s research suggests it is not always delivering on its promise.

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