Publications: February 2014

 

Coventry & Others v Lawrence & Shields

Supreme Court reviews and changes law as to private nuisance and appropriate remedies. The Message The law as to interference with neighbouring land has changed. The Case The Supreme Court has reviewed the law as to private nuisance and whether an Injunction should be the appropriate remedy In 2006, Ms Shields and Mr Lawrence, the […]

26th Feb 2014 Recent Property Cases Read more

Supreme Court Judgement – Coventry v Lawrence

The issues raised by this appeal This appeal raises a number of points in connection with the law of private nuisance, a common law tort. While the law also recognises public nuisance, a common law offence, this appeal is only concerned with private nuisance, so all references hereafter to nuisance are to private nuisance. It […]

26th Feb 2014 Recent Property Cases Read more

Courtwell Properties Limited v Greencore PF (UK) Limited

Breaches of dilapidations pre-action protocol considered by court in claim by landlord agaisnt tenant for indemnity costs. In Courtwell Properties Limited v Greencore PF (UK) Limited (04/02/14), the Claimant landlord made a Part 36 Offer to accept £800,000 from the Defendant tenant in relation to its claim for damages for dilapidations re 3 industrial Units […]

4th Feb 2014 Recent Property Cases Read more

Xenakis & Corke v Birkett Long LLP

Solicitors negligent for advice on Lease Guarantees but not liable for losses suffered due to Claimants’ financing arrangements. The Message Litigants do not always get their just desserts. 

The Case Negligent solicitors fortuitously escape substantial liability due to Claimants’ corporate arrangements. In 2005, the Claimants, Mr Xenakis and Mr Corke, decided to open a restaurant […]

3rd Feb 2014 Recent Property Cases Read more

Recovery of Costs in Service Charge Disputes

This article considers in what circumstances costs in service charge disputes in the First-tier Tribunal (Property Chamber)1 (“the Tribunal”) can be recovered. The Tribunal’s powers Rule 13 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 introduced a new rule on orders for costs, reimbursement of fees and interest on costs. The rule provides […]

1st Feb 2014 Speakers Corner Read more