Publications: January 2012

 

FG II SA v OMFS Company & Bank of Scotland Plc

The Message Failure to engage in alternative dispute resolution can prove costly. The Case The High Court has penalised a successful party for not responding to an offer to mediate The Claimant, PFG, claimed some £1.8 million in damages for terminal dilapidations in relation to 3 floors at 33 Lombard Street in the City of […]

27th Jan 2012 Recent Property Cases Read more

Taylor v The Lamberts

The Message A precise measurement of land in a conveyance may be overridden by other factors. The Case Taylor v The Lamberts [18 January 2012] highlights that, even though a conveyance may contain a precise measurement of the area of land conveyed, the measurement may not prevail, where it conflicts with the plan or other […]

18th Jan 2012 Recent Property Cases Read more

Ground (d): An Unsuitable Ploy?

Context Where there is a tenancy to which part II of the Landlord and Tenant Act 1954 and the procedural requirements of sections 25 or 26 of that Act have been fulfilled, the statute imposes an obligation on the Court to grant a new tenancy save in very limited circumstances. Under section 24(1): “A tenancy […]

1st Jan 2012 Speakers Corner Read more

On the house S.2(1) of the Leasehold Reform Act 1967 after Hosebay & Magnohard

Introduction 1. The definition of “house” in s.2(1) of the Leasehold Reform Act 1967 has given rise to considerable difficulties in the 45 years since it was enacted. This year, there have been two further appellate decisions on the definition – Hosebay v Day [2012] 1 WLR 2884 in the Supreme Court (where Lord Carnwath […]

1st Jan 2012 Speakers Corner Read more