All articles by Jonathan Ross – Page 9
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Professional
The law made simple
Hotel buyer pays for false statement The message: Do-it-yourself conveyancing is dangerous, but the court can interpret and correct the documentation to reflect the true intentions of the parties.
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Professional
A case of restrictive practice
Having won its case in law, the landlord was found to have acted unreasonably in respect of its tenant.
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Professional
The law made simple
Break clause bust-upThe message: tenants need to be extremely careful when serving early notice to end their lease, as landlords will often use any argument to try to keep the tenant on the hook.The case: In John Laing Construction v Amber Pass (7 April 2004), the defendant landlord unsuccessfully argued ...
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Professional
The law made simple
The message: tenants may be able to get around landlords' restrictions on subletting at below market rent, in the right circumstances. This is an important new development following the Allied Dunbar v Homebase case of 2002.The case: In NCR v Riverland Portfolio No 1 the claimant held a lease of ...
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Professional
Law made simple
Bribery discoveredThe message: when discovered, the payment of bribes to win business contracts can have serious financial consequences for both the giver and the recipient. The case: in Daraydan Holdings Limited & Ors v Solland International Limited & Ors (26 March 2004), Mr Khalid, one of the defendants, had extracted ...
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Professional
Law made simple
Lender not liable to borrowerThe message: a lender who relies on expert valuation advice is not liable to a borrower if it sells the security property for less than its market value, provided the property has been properly marketed and the price falls within an acceptable bracket for valuing the ...
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Professional
Who’s suing whom
Negligent solicitors claimOn 22 December 2003, Preecegrove sued solicitor Kidd Rapinet for damages and interest totalling £40,000 in relation to their advice on the termination of a tenancy at 36-38 Market Place St Albans. They claim they were negligently advised that they could repossess the premises without prejudicing their right ...
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Professional
Renewal notice is matter of time
Changes to the Landlord and Tenant Act will leave both parties with difficult decisions to make. Jonathan Ross reports
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Professional
Landlords under attack on default
A Law Commission White Paper is proposing total reform of the law of lease forfeiture.
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Professional
The heavy penalty of a lease breach
Tenants will owe landlords a substantial liability if they do not stick to lease terms.
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Professional
The law made simple - It's my party wall dispute and I'll sue if I want to
Court of Appeal finds against contractor who used road drill to fit pipework
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Professional
University loses lease challenge
Sheffield University has lost a valuable asset after failing to write restrictions into a lease.
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Professional
Who’s suing whom
Conditional contract claimMileacre Developments Ltd issued proceedings on 5 November, claiming the return of the deposit of £50,000 which it paid Lotus Investments Ltd in May 2002 in relation to the purchase of 22 and 22a Bouverie Road, London N16.Mileacre claims that the contract was conditional on planning permission being ...
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Professional
The law made simple - One man band may face the music for land sale
The Government of Sierra Leone is pursuing proceedings against Edward Davenport and his company, Capricorn Financial Investments, in relation to a property at 33 Portland Place, London W1, which the government sold to Capricorn in 1999.The proceedings highlight two legal issues. First, the need for a contract for the sale ...