Publications: Conference Papers

 

Contractual interpretation and the implication of terms: a return to orthodoxy?

Introduction 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 more

Obligations of Good Faith: express, implied, underlying and what they really mean

Richard 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 more

Restrictive Covenants

Introduction 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 more

PLA draft amendments to the Landlord & Tenant Covenants Act 1995

Introduction 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 more

Updating the Land Registration Act 2002

Section 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 more

Assigning a Lease from Tenant to Guarantor

Landlord & 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 more

PLA Conference – Developing Client Relationships

Relationology 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 more

PLA Conference – Current Market & Implications for Property Litigators

Non-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

PLA Conference – Options & Overage – securing a share in the enhanced value

Introduction The Scope of this Talk Options and overage agreements along with conditional contracts and pre-emption agreements are all contractual tools at our disposal to give clients flexibility when dealing with (or contemplating dealing with) land. Clients may wish for flexibility for any number of reasons but all arise out of the desire to take […]

15th Apr 2016 Conference Papers Read more