News and Articles

The top 10 things to think about: Thinking outside the box: deceit as a stand-alone basis for a claim. Deceit: the closest we get to pure allegation of fraud.

Big Property Ltd has identified a potentially valuable development site, but does not wish to take the risk of developing the site on its own. It identifies Major Developer Plc as a potential joint venture partner. Major Developer is a particularly attractive partner for Big Property, as it has plenty of relevant experience, having just completed a similar development of its own.

In the cases of GOOD HARVEST V CENTAUR [2010] Ch 426 and K/S VICTORIA STREET V HOUSE OF FRASER (STORES MANAGEMENT) LTD [2012] Ch 497 first the High Court and then the Court of Appeal had to grapple with what had previously been a much debated question.

The ability to apply to the Court for a summary order for possession pursuant to CPR Part 55 against “persons unknown” is a well-known and established procedure. It is intended to provide a quick and easy scheme for a landowner to recover possession of property from unwanted and unauthorised occupiers. Nevertheless, the urgent circumstances in which such orders have often been obtained may not have been the best of contexts for the development of a clear and consistent body of jurisprudence or guidance on this important summary procedure

What can a sixteenth century lease teach us about twenty-first century landlord and tenant problems?

This report has been compiled by the Property Litigation Association (“PLA”) in order to detail and comment upon its members’ concerns about significantly declining standards of service provided by the County Courts. The PLA consists of approximately 1,200 members 1 who spend a substantial amount of their time engaged in property related dispute resolution. Much of this dispute resolution is conducted in the County Courts.

David Holland was called to the Bar in 1986 and took silk in 2011. The core of David’s practice is all forms of property litigation but he also practices in the areas of professional negligence and costs. David has immense experience of litigating at all levels of court.

The purpose of this paper is to examine briefly the three most common questions which I am asked assist on in relation to consent to assignment or sub-letting

Much like London buses, cases on particular property law issues often come in clusters. This summer it was the turn of relief from forfeiture the principles of which were considered by the Court of Appeal on no less than three occasions in Magnic v Ul-Hassan and anor [2015] EWCA Civ 224, Safin (Fursecroft) Limited v Badrig [2015] EWCA Civ 739 and Freifeld v West Kensington Court Limited [2015] EWCA Civ 806. This paper considers where those decisions have taken us and tentatively questions whether that is a good place for us to be.

A list of the top ten cases of all time