All articles by Legal case news Jonathan Ross
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Online
Consortium Commercial Developments Limited v ABB Limited (30 July 2015)
This case concerns a claim for dilapidations in relation to premises known as Capella House, Snowdon Drive, Milton Keynes which was let for a term of 15 years expiring on 16 June 2011
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OnlineCounty councils under a duty to make clear if land could be part of public highway
A purchaser of development land successfully sued the county council for substantial damages due to its failure as the highway authority to accurately record that certain land it intended to sell for car parking could be part of the public highway (Chesterton Commercial (Oxon) Limited-v- Oxfordshire County Council (22 July ...
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ProfessionalCourts cannot interpret or rewrite clearly drafted contracts
This is an important decision by the Supreme Court. It relates to the level of fixed service charge payable for leasehold chalets at a holiday park in South Wales.
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ProfessionalParking penalty charges fair and enforceable
Parkingeye manage the car park at the Riverside Retail Park in Chelmsford.
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ProfessionalProperty buyers beware parting with cash before the survey
Mr and Mrs Griffiths, a Queen’s Counsel and a former head of a law firm, entered into a contract on 1 April 2011 to buy Laughton Manor in East Sussex from Mr and Mrs Hardy.
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OnlineSolicitors can't do everything, court rules
The message: Clients cannot expect their solicitors to explain or deal with everything on a sale transaction.
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OnlineWife and children can't hold on to counterfeiter's home
The message: An Englishwoman’s home is not her castle.
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ProfessionalCourts will try to make commercial sense of badly worded agreements
The message: Developers can suffer from badly drafted agreements.
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ProfessionalShop tenant’s path of lease resistance thrown out by court
The message: Bad behaviour by business tenants can lead to the loss of their right to renew their leases
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ProfessionalSainsbury’s car park case stalls for lack of personal responsibilty
The message: Be careful who you deal with
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ProfessionalTrain company’s claim for tree damage hits the buffers
The message: A landowner is not an insurer of nature
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ProfessionalCourts will judge that omissions from contracts are intentional
The message: It is difficult to imply a term into a lease
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Professional
When being generous can cost you less
The message: Parties need to better protect themselves against lease renewal costs
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ProfessionalHaving consideration for other people is the Centre Point
The message: Landlords and tenants have to respect each other’s rights; The case: The High Court had to decide whether to injunct landlord’s works to Centre Point Tower to prevent unreasonable disturbance to the tenant, in Century Projects vs Almacantar.
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ProfessionalNot Friends for Life as landlord wins dispute over lease break
The message: Court gives tenants a bad break; The case: The issue as to how accurate a break notice has to be has now gone against tenants trying to terminate their leases in Friends Life vs Siemens Hearing Instruments.
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ProfessionalGarage tenants put redevelopment plans up in the air
The message: Tenants may have greater rights than they think.
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ProfessionalSpeedway noise dispute makes law change track
The message: The law on interference with neighbouring land has changed.
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ProfessionalNo loss to business means no win in court
The message: Litigants do not always get their just desserts.
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ProfessionalConsent is key when assessing a lease guarantor’s liability
The message: Guarantors should not be overlooked
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Professional‘Plebgate’ lawyers’ lateness hits them in pocket
The message: The Jackson reforms to civil litigation are biting hard.
