News and Articles

The law will seek to let justice triumph over technicalities.

Failure of a multiple guarantor to validly sign may invalidate all the guarantees.

Whilst substantial dilapidations claims on lease expiry (“terminal dilapidations claims”) are extremely commonplace these days, and take up a large element of a property litigator’s workload, these claims rarely proceed to trial and reported Judgments are, therefore, somewhat rare and far apart. The last Judgment of note prior to this year being PGF II SA-v- Royal & Sun Alliance PLC which was decided in 2010.

Tenant’s right to remove its plant and equipment from premises even though substantial and costly to do so.

Any material variation can discharge a guarantor!

Packemin Apartments Limited (“PA”) acquires a plot of prime development land for the construction of a block of luxury flats. Unfortunately, the land in question (“Plot A”) has no direct access to the main public highway. In order to obtain the required access to this public highway PA has to obtain the grant of a right of way over the land lying between the Plot A and the public highway.

Courts are reluctant to imply a repair obligation on a landlord of commercial premises.

Section 10 of the Party Wall etc. Act 1996 (‘the Act’) provides a now well-known and established mechanism for resolving disputes between building owners and adjoining owners in respect of matters concerned with works to which the Act relates, that is principally building on the line of the junction between different lands (s.1), the repair or rebuilding of party walls (s.2), and works of excavation within a specified distance of the adjoining owner’s building (s.6). Under s.10(10) the ‘agreed surveyor’ appointed by the parties, or more usually the two surveyors appointed by each of them working together, or the ‘third surveyor’ appointed by the two surveyors, settle the dispute by making an award.

Surveyors or Architects acting for developers can owe substantial duties to purchasers.

The Property Litigation Association (“PLA”) represents 1,200 members. Members spend at least 50% of their time working on Property Litigation matters.