News and Articles

Covenants restricting a nuisance or annoyance may prevent building works on an estate even where the works may have been approved by the estate’s management company.

Negligence by a Solicitor is only relevant if it causes a loss.

A party is bound by the terms of the agreement and cannot subsequently seek to rely on matters it has not provided for.

Solicitors should not give undertakings lightly.

In Roundstone Nurseries Limited v Stephenson Holdings Limited, the Court considered whether it had jurisdiction to award costs in relation to a mediation that had failed.

At their recent annual conference, the Royal Institution of Chartered Surveyors (RICS) Dilapidations Forum delegates soundly rejected any suggestion that the PLA Protocol should be scrapped. Inevitably though there are calls for the detail of the document to be revised (dilapidations surveyors are nothing if not persistent when it comes to finding disagreement!).

The banking of a tenant’s cheque will not always lead to a landlord losing its right to forfeit a lease.

With the surge in mortgage repossessions, and a large buy-to-let market, it is timely to revisit the issue of the priority (or otherwise) of tenants in relation to mortgagees seeking possession.

When a contract for the sale of property falls through, the normal expectation is that where the fault lies with the buyer, the deposit paid on exchange of contracts will be forfeited. However, the Court is given a wide discretion to order the return of the deposit to the buyer. The precise extent of that discretion has been tested very recently in a judgment of the High Court (Midill (97PL) Limited v Park Lane Estates Limited & Anor [2008] EWHC 18 (Ch).

Dartmouth Court Blackheath Limited v Berisworth Limited [2008] EWHC (Ch) 350