News and Articles

A sale contract must clearly state if VAT is payable on the price.

Developers can suffer from badly drafted agreements.

Bad behaviour by business tenants can lead to loss of their right to renew their Leases.

Be careful who you deal with.

A landowner is not an insurer of nature.

In the recent case of Szepietowski v The Serious Organised Crime Agency [2013] UKSC 65, the Supreme Court has reviewed the equitable doctrine of marshalling. There are comparatively few reported cases in this area, and the Szepietowski case therefore provides useful guidance as to when a second secured creditor will be entitled to rely on the doctrine.

Provisions in residential leases enabling landlords to determine each tenant’s service charge proportion may be void.

The 3 recent break clause cases of Friends Life v Siemens Hearing (3 April 2014), Friends Life v A&A Express (9 May 2014) and M&S v BNP Paribas (14 May 2014) have all highlighted omissions or practical difficulties caused by the drafting of the break clauses in the Leases.

In the rush to secure a property, it can be easy to overlook the small print in a conditional lease in relation to dilapidations – with potentially expensive results.

Developer escapes liability for failing to undertake obscure search.