Publications: May 2007

 

Yewbelle Ltd & Knightsbridge Green Ltd v London Green Developments Ltd

Court of Appeal It’s the effort that counts! The Message Where completion of a sale contract was dependent on a planning agreement being entered into, the contract could be terminated where the seller failed to obtain the agreement but proved he had used all reasonable endeavours to obtain it. The Case Knightsbridge Green Ltd entered […]

23rd May 2007 Recent Property Cases Read more

Trans-World Investment Limited v Anita Dadarwalla


The Message The Court will have regard to the previous rent payable when fixing the new market rent on the renewal of a business tenancy. The Case The Court of Appeal has allowed an appeal against a Judgment which fixed the market rent on the grant of a new business tenancy without having due regard […]

22nd May 2007 Recent Property Cases Read more

Crow & Crow v Waters

The Message It is essential for an occupier to have been granted exclusive occupation of land for a tenancy to be created. 

The Case A claim for a declaration that a business tenancy had been entered into failed because the arrangement was held to be only a licence to occupy and, accordingly, was not protected […]

15th May 2007 Recent Property Cases Read more

Earl of Malmesbury v Strutt & Parker and Wilsons

Surveyors’ liability for damges for negligent advice The Judgment of the High Court in Seventh Earl of Malmesbury v Strutt & Parker and Wilsons is of particular interest as it makes clear the following: The level of duty owed by a Surveyor employed by a major national firm; The lack of duty of a solicitor […]

11th May 2007 Recent Property Cases Read more

Buckley v Dalziel

The Message A property owner cannot be sued for defamation for unjustifiably reporting another party to the police. The Case In relation to a dispute between neighbours, the Court has made it clear that a party that believes it is a victim of crime should be entitled to file a criminal complaint without fear of […]

3rd May 2007 Recent Property Cases Read more