Recent Property Cases
Ensure that the right party gives a notice to terminate a lease. Hexstone Holdings Limited v AHC Westlink Limited is yet another decision concerning the perennial problem of how to effectively exercise break rights in leases. Rights to break leases remain a fertile source of case law in the landlord and tenant arena and all involved in the property industry should learn lessons from cases such as this.
This case highlights the criticality of ensuring any notices to terminate a lease are served in accordance with the provisions of the lease. Failure to do so may lead to an inability to end the lease early and continued lease obligations for an extended period of time, which may have a serious impact on the financial position of the party which served the notice.
The High Court has clarified the extent to which damages can be recovered for loss of development opportunities caused by a breach of contract
Solicitors' advice of a 70% chance of success is strong advice which a client is entitled to rely on as being correct. The Court of Appeal has found Linklaters liable in damages for giving too strong advice to a client on a litigation matter.