Publications: November 2014

 

Autumn Training Day – The 1954 Act

What’s New? Fault based grounds of opposition: Horne & Meredith Properties v Cox & Billingsley [2014] EWCA Civ 243 &Youssefi v Mussellwhite [2014] EWCA Civ 885. The authorities on the 1954 Act are a bit like buses. Nothing for ages and then two at once. This year the Court of Appeal has heard two appeals […]

6th Nov 2014 Conference Papers Read more

Autumn Training Day – Telecommunications operators and their mast-sharing arrangements

Introduction Anyone who has watched television, or, for that matter, been outside, will know that the telecommunications market is in a constantly evolving state. Operators are getting into bed with one another. Everything Everywhere (“EE”, the one with the ads featuring Kevin Bacon) is a joint enterprise of T-Mobile and Orange. We are increasingly seeing […]

6th Nov 2014 Conference Papers Read more

Autumn Training Day – Loss of rent in Terminal Dilapidations Claims

Claims against tenants for damages for terminal dilapidations routinely include an amount for loss of rent, usually formulated by reference to the income said to have been foregone during the period reasonably necessary for carrying out the requisite repair works. In practice, such claims do not often succeed. What are the applicable legal principles? Click […]

6th Nov 2014 Conference Papers Read more

Autumn Training Day – Rights of Light – Acquisition, Abandonment & Breach

“Bring Me Sunshine” The scenario below is based on a development in central London, although it could be set in any other City in England and Wales. Imagine… You are asked to imagine that you (the instructing solicitor) are present at the first conference with counsel and the rights of light surveyor, at which the […]

6th Nov 2014 Conference Papers Read more

Autumn Training Day – No Documents – What Next?

The answer to the question: “No documents-what next?” of course very much depends on the context in which you ask it. One might for example have to give a very different answer if one had just been involved in a car accident than one might give if stopped in the street by a policeman in […]

6th Nov 2014 Conference Papers Read more

Autumn Training Day – Issues arising with mixed use premises

Introduction Mixed use is most certainly in vogue. We constantly read about new gleaming mixed use developments where developers have residential properties usually situated above offices, shops, restaurants or even hotels. In many respects this is nothing new and is a return to the pre Victorian way we lived. There was over the past 150 […]

6th Nov 2014 Conference Papers Read more

Autumn Training Day – Jackson – How bad is it really?

Introduction The Autumn of 2014 seems like a good time to pause and reflect on the Jackson reforms introduced in April 2013. A year and a half has passed: enough time for most practitioners to have had at least some practical experience of the new regime, whether by way of costs budgeting, disclosure or sanctions. […]

6th Nov 2014 Conference Papers Read more

Autumn Training Day – Valuation & Measurement Explained

What do all these figures mean? The vast majority of valuations are prepared using the comparison method, i.e. valuing land or buildings by reference to open market transactions, agreed values (e.g. at rent review) or determined values.¬†Given that only very rarely are two buildings identical, then it is necessary to find a common unit of […]

6th Nov 2014 Conference Papers Read more