Publications: March 2014

 

Annual Conference – All kinds of endeavours in a conditional contract

Introduction Hideous Developments Limited (“Hideous”) is looking for a major expansion of its residential housebuilding activities. Hideous thinks that it has found the perfect site when an agent effects an introduction to Green & Pleasant Land Bank Limited (“GP”). GP owns a large site (“the Site”), comprising picturesque agricultural land on the outskirts of a […]

28th Mar 2014 Conference Papers Read more

Annual Conference – Planning Issues for Property Litigators

Introduction This paper aims to achieve three things: sketch an introduction to  planning law for the relative novice; offer insight into certain discrete areas of planning law of particular relevance to property litigators; and where appropriate, update regarding recent (relevant) developments. It is hoped that the paper will encourage discussion at the seminar session itself. […]

28th Mar 2014 Conference Papers Read more

Annual Conference – Why, How & When Should A Tenant Reinstate Alterations

Introduction Damages for reinstatement are a background melody: There are lots of things that I really do not understand, but that has never stopped me from lecturing about them in the past. One of the things that strikes me as seriously curious is the lack of cases concerned with breach of the covenant to reinstate […]

28th Mar 2014 Conference Papers Read more

Collective Enfranchisement – Leaseback

When a landlord retains a flat in a block which is subject to a collective enfranchisement claim, it can claim a leaseback of it. However, unless the landlord is a local authority or housing association, the landlord must make sure that a leaseback is proposed in its counter-notice otherwise the right will be lost. The […]

28th Mar 2014 Speakers Corner Read more

Annual Conference – Overcoming and enforcing restrictive covenants

Mediation Experience Gary is a full-time property mediator and has extensive experience, both as a barrister and as a mediator, in landlord and tenant disputes (commercial and residential) and disputes involving boundaries, rights of way and other easements, restrictive covenants, property joint ventures, co- ownership and other areas of property law. He also has a […]

28th Mar 2014 Conference Papers Read more

Annual Conference – Case Law Kaleidoscope

My brief this year (as in previous years) is to focus on the top 5 or so property law cases decided in the previous twelve months. It is fair to say that as regards significant property cases, the past year has been somewhat barren when compared with earlier years, so that the selection task has […]

28th Mar 2014 Conference Papers Read more

Annual Conference – Best Non-Property Cases for Property Litigators

Introduction These days the majority of legal professionals are very specialist in their area of practice. The better the quality their firm / chambers and work they do greater the likelihood and degree of specialism. Solicitors’ and Barristers’ familiarity with developments in the law are likely to be confined to those cases that impact most […]

28th Mar 2014 Conference Papers Read more

Coventry v Lawrence & Rights Of Light

Summary This paper deals principally with the question when is it correct to grant damages in lieu of an injunction? The question is asked in the context of rights of light matters. The facts On 26th February 2014 the Supreme Court gave judgment in the case of Coventry v Lawrence [2014] UKSC 13; [2014] 2 […]

26th Mar 2014 Speakers Corner Read more

Horne & Meredith Properties v Cox & Billingsley

The Message Being excessively litigious could prevent a tenant being granted a statutory renewal lease. The Case Horne & Meredith Properties v Cox and Billingsley [19 March 2014] concerned the renewal of a business tenancy under the Landlord and Tenant Act 1954 and the landlord’s opposition to its renewal under a rarely encountered ground contained […]

19th Mar 2014 Recent Property Cases Read more