Property cases

This is an interesting and entertaining Judgment in which the Defendant, the renowned architectural practice established by Norman Foster, the internationally acclaimed leading architect, was found liable in damages for breach of contract in the sum of £3,604,694.36 plus interest and legal costs.

On 15 August 2017, Foskett J. handed down judgment in Partridge v Gupta [2017] EWHC 2110 (QB) – a case that centred on the interpretation of CPR r.83.13(8), which prescribes the applicable procedural requirements when a claimant wishes to enforce a possession in the High Court by execution of a writ of possession. The key issue for consideration was what constituted sufficient notice for the purposes of r.83.13(8)(a). Whilst Foskett J. regarded the facts of Mr Partridge’s appeal as being little more than academic“[1] he recognised that the case raised a point of practical and procedural importance, and that a fully reasoned decision would be of assistance in other cases (para [7]).

Japanese Knotweed (“JKW”) was introduced to the UK in the mid-19th Century as it was popular with landscapers because of its ability to grow quickly and form dense screens. But it was soon realised it was a pernicious weed that out-competed other flora – yet it was still sold at garden nurseries until the 1930s.

On 1 March 2017, the Supreme Court decided that property owners seeking to carry out refurbishments can claim business rates relief.

Householders are awarded damages and an injunction against their neighbour for interfering with their right of way

It appears that unopposed lease renewal cases under the Landlord and Tenant Act 1954 are like buses; there is a dearth and then 3 come along in a row.

We recently acted for B&Q in the case of Britel Fund Trustees Limited v B & Q Plc which illustrates the significant impact that an early break clause may have on the rent payable under a renewal lease.

It appears that unopposed lease renewal cases under the Landlord and Tenant Act 1954 are like buses; there is a dearth and then 3 come along in a row.

In this case, the Claimant tenant sought an injunction and damages against the Defendant landlord in relation to building works being carried out above the tenant at 14/15 Carlos Place, Mayfair, London W1.

Aldi and Iceland have adjoining stores on the outskirts of Cambridge, being Units 1 and 2 respectively. They share the accessway and car park. Aldi originally took a Lease of all the land in 1996 and it then sub-let Unit 2 to Iceland a few months later and retained Unit 1 for its own use.