“Erebus Developments” has built a six-storey development. On the other side of the road, there are three residential houses. The houses enjoy rights of light over the development site. The top two storeys of the development infringe those rights of light. Those two storeys: (i) cost £½m to build; (ii) were predicted (in a development […]
16th Sep 2015 Conference Papers Read moreIntroduction The purpose of this paper is to examine briefly the three most common questions which I am asked assist on in relation to consent to assignment or sub-letting: How long have we got? What is a reasonable basis for refusal? What is my remedy? In the short time available to me I do not […]
16th Sep 2015 Conference Papers Read moreThe need for strict compliance with conditions for exercise of a break clause. In Legal & General Assurance Company Ltd v Expeditors International (UK) Ltd [2007] 2 P&CR 10, Lord Justice Lloyd stated: “In general, conditions attached to a break clause, as with any other option provision, must be strictly complied with, so that even […]
16th Sep 2015 Conference Papers Read moreIntroduction 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 […]
28th Mar 2015 Conference Papers Read moreLawrence Bernstein & Charlie Ward Great Speech Writing for the Property Litigation Association Annual Conference Keble College, Oxford – Friday, 27 March 2015 Lawrence Bernstein sits in the top bracket of speech writers in the UK. Discretion sits at the heart of all his client relationships. These include senior politicians in the UK and Europe, […]
27th Mar 2015 Conference Papers Read moreIntroduction In an ever changing market proposed property sales frequently become the subject of disputes, whether by those seeking to withdraw from a deal or those seeking to enforce it. This seminar will explore some of the interesting issues that might arise in such disputes with reference to recent cases. Compliance with formalities? The first […]
27th Mar 2015 Conference Papers Read moreA communi observantia non est recedendum. There should be no departure from common observance or usage. A l’impossible nul n’est tenu. No one is bound to do what is impossible / Nemo tenetur ad impossibile. No one is bound to an impossibility. Absoluta sentetia expositore non indiget. An unqualified sentence needs no exposition. Adversus extraneos […]
27th Mar 2015 Conference Papers Read moreIntroduction In an ever changing market proposed property sales frequently become the subject of disputes, whether by those seeking to withdraw from a deal or those seeking to enforce it. This seminar will explore some of the interesting issues that might arise in such disputes with reference to recent cases. Click here to read more.
27th Mar 2015 Conference Papers Read moreWorkshop Problem In March 2009 Snooze Limited (“Snooze”) leased a warehouse on the outskirts of Coventry to Dash Limited (“Dash”) for a term of 10 years. Dash was a company which was in the business of parcel delivery. It used the warehouse to store orders purchased by customers until they could be collected by freelance […]
27th Mar 2015 Conference Papers Read moreWhen is receipt taxed as income? Profits of trades and property businesses are computed in accordance with generally accepted principles of commercial accounting. Compensation for (temporary) loss of income is taxed as income: London & Thames Haven Oil Wharf v Attwooll [1966] 43 TC 491. Compensation for temporary loss of use of land by trader […]
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