In this case, the High Court considered whether gates could amount to a substantial interference with a right of way and the difference between gates operated by a key or fob and those opened by … [Read more...]
Winterburn v Bennett – Keep Out/No Parking signs, do they work?
Such signs dot the landscape but are they effective legally? In legal terms, the question is do such signs stop a third party gaining rights through prescription over an owners’ land through long … [Read more...]
Timothy Taylor Ltd v Mayfair House Corporation
Here the tenant operated a high class modern art gallery from ground and basement premises opposite the Connaught Hotel in Mayfair. The Defendant was the freeholder and head lessee through an … [Read more...]
Eviction of Tenants of Residential Property following Abandonment
The tenancy of a residential property will continue beyond its contractual period if the residential tenant is a natural person and for as long as the tenant (or one of them) remains in occupation as … [Read more...]
Changes to the bankruptcy process and insolvency legislation
Online bankruptcy applications by debtors From 6th April 2016 changes to the Insolvency Act 1986 brought in by section 71 and Schedule 18 of the Enterprise and Regulatory Reform Act 2013 mean that … [Read more...]
Vanquish Properties (UK) Limited Partnership –v- Brook Street (UK) Limited: beware the break clause
In this case, the Claimant was a Limited Partnership made up of five partners. The Claimant claimed that they had been granted an overriding lease of office premises held by the Defendant company. … [Read more...]
Marks & Spencer Plc v BNP Paribas Securities – arguing over refunds
This case looks likely to become the leading authority on implied terms, break clauses and the apportionment of rent paid in advance. Shoppers often seek refunds from Marks & Spencer. In this … [Read more...]
Burgess v Lejonvarn – when friends fall out
This case is a cautionary tale of the duties owed when someone acts for a friend in a professional capacity. Mr and Mrs Burgess and Mrs Lejonvarn were friends in North London. Mrs Lejonvarn had … [Read more...]
Stevens v Ismail – modifying restrictive covenants
This case concerned the jurisdiction of the Upper Tribunal to modify restrictive covenants in leases under section 84 of the Law of Property Act 1925. Under this section, the Tribunal can modify … [Read more...]
Greenridge Luton One Ltd –v- Kempton Investments Ltd – a costly answer
This case concerned answers to pre-contract enquiries during the conveyancing process. The claimant contracted to buy an office block from the defendant for £16.25 million. In the Commercial Property … [Read more...]
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