Publications: May 2014

 

The equitable doctrine of marshalling

In the recent case of Szepietowski v The Serious Organised Crime Agency [2013] UKSC 65, the Supreme Court has reviewed the equitable doctrine of marshalling. There are comparatively few reported cases in this area, and the Szepietowski case therefore provides useful guidance as to when a second secured creditor will be entitled to rely on […]

30th May 2014 Speakers Corner Read more

Windermere Marina Village Ltd v Wild

The Message Provisions in residential leases enabling landlords to determine each tenant’s service charge proportion may be void. The Case Windermere Marina Village Ltd v Wild [28 April 2014] concerned a lease of a flat in a development. The relevant service charge provision required the tenant to pay a fair proportion of the landlord’s expenses […]

28th May 2014 Recent Property Cases Read more

How practical and careful do real estate transaction solicitors have to be

The 3 recent break clause cases of Friends Life v Siemens Hearing (3 April 2014), Friends Life v A&A Express (9 May 2014) and M&S v BNP Paribas (14 May 2014) have all highlighted omissions or practical difficulties caused by the drafting of the break clauses in the Leases. These include: Not providing for re-imbursement […]

27th May 2014 Speakers Corner Read more

Drafting of Break Clauses

Friends Life v Siemens Hearing (3 April 2014) Friends Life v A&A Express (9 May 2014) M&S v BNP Paribas (14 May 2014) How practical and careful do real estate transaction solicitors have to be? The 3 recent break clause cases of Friends Life v Siemens Hearing (3 April 2014), Friends Life v A&A Express […]

25th May 2014 Recent Property Cases Read more

Northumbrian Water Limited v Sir Robert McAlpine Limited

The Message Developer escapes liability for failing to undertake obscure search. The Case Northumbrian Water Limited v Sir Robert McAlpine Limited [20 May 2014] raises important questions on the extent of investigations and due diligence required before a developer starts work on site. Northumbrian is a statutory sewerage undertaker and its public sewer ran under […]

20th May 2014 Recent Property Cases Read more

Sending Nuisance Neighbours to Coventry

The recent Supreme Court decision in Coventry v Lawrence [2014] UKSC 13 raises interesting points relating to the tort of private nuisance and the remedies available to a successful Claimant, primarily in respect of nuisance arising from noise, but of wider importance on the issue of damages being granted in lieu of injunctive relief. Background […]

16th May 2014 Speakers Corner Read more

Iceland Foods Ltd v Castlebrook Holdings Ltd

Summary Iceland occupied supermarket premises in Sandbach, Cheshire under a 1954 Act tenancy. They had been in occupation since 1993 and the Lease had originally been entered into in 1970. The premises had been purpose built by Tesco and was rectangular with ground and first floor levels, a servicing area and a car park. The […]

16th May 2014 Speakers Corner Read more

Marks & Spencer PLC v BNP Paribas

The Message It is difficult to imply a term into a lease and parties need to spell out the position clearly regarding re-imbursement payments for rent, service charge, sinking fund, and insurance when a Lease can be ended early. The Case The Court of Appeal has decided that quarterly rent payable in advance is not […]

14th May 2014 Recent Property Cases Read more

Friends Life Management Services Limited v A&A Express Building Limited

The Message Pay close attention to lease requirements when calculating service charge and crediting provisional sums. The Case Friends Life Management Services Limited v A&A Express Building Limited [9 May 2014] provides a useful illustration of the treatment of service charge payments made in advance by the tenant and whether they can relate to a […]

9th May 2014 Recent Property Cases Read more