Introduction There are whole books written on restrictive covenants in relation to property, and so instead of a whistle-stop tour of the area, this part of the seminar concentrates instead on remedies for breach. This is the most transferable aspect of this area of law, and the same principles are of application generally within litigation. […]
22nd Nov 2016 Conference Papers Read moreIntroduction Over the last 45 or so years, the House of Lords and Supreme Court have examined the relevant principles of contractual interpretation in some landmark authorities. Notable cases include: Prenn v Simmonds [1971] 1 WLR 1381; Investors Compensation Scheme Ltd v West Bromwich Building Society (No.1) [1998] 1 WLR 896; Bank of Credit and […]
22nd Nov 2016 Conference Papers Read moreRichard Clegg, Barrister at Selborne Chambers, London It was generally thought that there were but a few well defined categories of contract that required the parties to deal in good faith (partnership and insurance being prime examples) and in all others laissez-faire prevails. In 2013 all that changed. Or did it? The refusal to recognise […]
22nd Nov 2016 Conference Papers Read moreIntroduction Restrictive covenants can appear in both leases and in relation to freehold land. They are contractual obligations that prohibit certain specific conduct. Unlike normal contractual promises, which bind only the original parties, these can bind subsequent owners of the affected land. Common examples of restrictive covenants include: Not to erect any building or structures […]
17th Nov 2016 Conference Papers Read moreIntroduction We’ve heard about some of the problems arising with the interpretation of the Landlord and Tenant (Covenants) Act 1995 (“LTCA 95”). I want to look at a solution to the problems and propose an achievable means of effective reform. PLA’s Work to Date The Law Reform Committee of the PLA (“LRC”) has spent many […]
8th Jun 2016 Conference Papers Read moreSection 3 Law Commissions Act 1965 It shall be the duty of each of the Commissions to take and keep under review all the law with which they are respectively concerned with a view to its systematic development and reform, including in particular the codification of such law, the elimination of anomalies, the repeal of […]
8th Jun 2016 Conference Papers Read moreLandlord & Tenant (Covenants) Act 1995 House of Fraser case** (2011) CA held that a guarantor cannot give a valid repeat guarantee Lord Neuberger mused that perhaps a lease cannot be assigned from T to G Section 24(2) requires G to be released on assignment of lease to the same extent as T Section 25: […]
8th Jun 2016 Conference Papers Read moreA presentation for the Property Litigation Association Annual Conference at Keble College, Oxford on Friday, 15 April 2016. By Edwin Johnson QC – Maitland Chambers Click here to read more.
15th Apr 2016 Conference Papers Read moreRelationology Matt Bird is the creator of Relationology a unique approach to achieving business growth through the power of client relationships. He epitomises Relationology spending time every day investing in relationships. Campaign Magazine has said, “When Malcolm Gladwell sat at his typewriter and wrote the chapter on connectors in The Tipping Point, he must have […]
15th Apr 2016 Conference Papers Read moreNon-resident UK property development task force: HMRC targeting 100 ‘offshore structures used to avoid tax on profits and rental income from property development in the UK’. Finance Act 2016 – Non-resident companies pay UK corporation on profits arising from UK property development. Click here to read more.
15th Apr 2016 Conference Papers Read more