Publications: March 2012

 

Leisure (Norwich) II Limited v Luminar Lava

The Message Landlords pay for tenant Insolvency. The Case The High Court has ruled that landlords have no priority over other creditors of an insolvent tenant to recover pre-insolvency rent arrears even when an Administrator or Liquidator makes subsequent use of their premises The purpose of Administration is to give insolvent companies a breathing space […]

28th Mar 2012 Recent Property Cases Read more

Oliver v Symons & Faidi v Elliot Corporation

Court of Appeal stresses neighbours need to mediate and not litigate. In 2 recent decisions, the Court of Appeal expressed despair at the inability of neighbours to reach sensible compromises rather than help fund the legal profession In Colin and John Oliver-v- Symons, the parties disputed the width of a right of way along a […]

16th Mar 2012 Recent Property Cases Read more

Souglides v Tweedie

The Message Court rejects technicalities to achieve a just result. The Case Souglides v Tweedie concerned freeholders’ attempts to resist the enforcement of an option for a tenant to be granted a lease extension. Thomas and John Tweedie owned the freehold in a block of flats. A residents’ association had a lease which expired in […]

12th Mar 2012 Recent Property Cases Read more

George Wimpey Manchester Limited (Wimpey) v Valley & Vale Properties Limited (in administration) & Others

The Message The unpaid vendor’s lien may be unavailable if a property is surrendered. The Case George Wimpey Manchester Limited (“Wimpey”) v Valley and Vale Properties Limited (in administration) and others (1 March 2012) concerned a seller’s rights where a buyer has failed to pay the purchase price, in particular, the concept of the “unpaid […]

1st Mar 2012 Recent Property Cases Read more