The Message Badly drafted Guarantees may be ineffective. The Case The High Court has considered whether deficiencies in the drafting of a personal Guarantee of a property management contract can be cured or not Fairstate owns a block of 12 residential flats at 22/23 Marylebone High Street, London, W1.In September 2006, it entered into a […]
29th Nov 2010
Recent Property Cases
Read more
The Message Parties need to be careful not to settle disputes prematurely. The Case The High Court has clarified when it is too late for a party to withdraw from a settlement. Silver Queen was sub-contracted by Persia Petroleum to carry out an oil exploration survey in the Persian Gulf in 2008/9. Persia Petroleum were […]
18th Nov 2010
Recent Property Cases
Read more
The Message The seller in a sale and leaseback must ensure his new lease has priority over the buyer’s mortgage. The Case Re North East Property Buyers Litigation [19 November 2010] is a significant test case on competing priorities between occupiers, who sold their homes under sale and leaseback schemes, and mortgagees for the buyers […]
9th Nov 2010
Recent Property Cases
Read more
The Message Open, unforced use of a road for 20 years without the owner’s consent can establish a legal right. The Case In London Tara Hotel Limited v Kensington Close Hotel Limited [1 November 2010], a London hotel was able to rely on an antiquated legal doctrine to allow it to use a road for […]
1st Nov 2010
Recent Property Cases
Read more