Publications: Conference Papers

 

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

PLA Conference – Residential Termination Update – ASTs & Recent Changes

Introduction This seminar will address the substantial legislative changes that have come about in relation to Assured Shorthold Tenancies (“AST”). In particular, it will address: Deregulation Act 2015 Immigration Act 2014 This legislation represents perhaps the biggest change to the AST regime since its inception. Taken together with tenancy deposit provisions originally introduced by the […]

15th Apr 2016 Conference Papers Read more

PLA Conference – The Good, the Bad and the Equity – Solicitors’ Breach of Trust in the Commercial Context

Introduction Equity and common law have long had an unsettled relationship. Although in Royal Brunei Airlines v Tan, Lord Nicholls of Birkenhead commenced his speech with the observation that “[t]he proper role of equity in commercial transactions is a topical question”, it was certainly not a new one. In Re Wait, Atkin LJ was critical in a […]

15th Apr 2016 Conference Papers Read more

Rectification quiz by Stephanie Tozer, Falcon Chambers

Will a rectification claim be successful in each of these scenarios? Part I In each scenario, assume that A and B are the parties to an agreement which A now asserts should be rectified. Neither A nor B gives evidence, and no relevant documents are produced. A’s counsel invites the Court to infer that the […]

3rd Feb 2016 Conference Papers Read more

Flooding & Abstraction

Introduction It is reassuring to know that someone, somewhere, has taken the time and effort to apply the precision and ingenuity of parliamentary draftsmanship in order to define, at least for the purposes of the FWMA 2010 if no other, what is meant by a flood (and what it is not). At common law, on […]

27th Jan 2016 Conference Papers Read more