Anthony Tanney of Falcon Chambers
- Professional
A case approach to the right of re-entry
The Lomax case demonstrated that an administration petition doesn't restrict peaceable re-entry for landlords
- Professional
Taking the sting out of lease renewals
Evidence in lease renewals The permitted user, frequency of rent review and the length of term may have an impact on rent to be paid under a new tenancy Many county court judges are unfamiliar with the jargon used by valuers: language used by experts should be simple, ...
- Professional
If the cap fits, how much will it cost?
Quantifying lenders' damages Valuers' maximum liability was capped in South Australia Asset Management Corporation v York Montagu (SAAMCO) However, Platform Home Loans v Oyston tips the scales slightly back in the lender's favour
- Professional
Kleinwort Benson: a catch-22 decision?
Before the Kleinwort Benson case, it was believed that payments to a landlord made under a mistake of law could not be recovered by tenants
- Professional
Making hearsay into admissible evidence
Hearsay and the expert's view The Civil Evidence Act 1995 made hearsay admissible in civil proceedings, thus allowing an expert witness to refer to information acquired from professional sources However, hearsay is not admissible evidence in criminal courts, where an expert witness's opinion must still be proved ...