News and Articles

A positive covenant may burden successors.

The Court can see the wood from the trees!

The effect of a near miss on a Part 36 Offer combined with a failure to follow the Protocol.

As our members do not routinely have cases before these courts we do not consider it appropriate to comment upon whether the blanket exception to costs budgeting and costs management in such cases may be unnecessary.

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.