Introduction Part II of the Landlord and Tenant Act 1954, which confers security of tenure on business tenants, is perhaps one of the most widely used and best understood pieces of legislation in the field of property litigation. It is therefore relatively rare for those provisions to be considered at the level of the Court of […]
3rd Mar 2016 Conference Papers Read moreWill 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 moreIntroduction 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 moreNature Of Forfeiture The right of a landlord to terminate a lease prematurely upon the default of the tenant: Clays Lane Housing Cooperative Ltd v Patrick (1985) 49 P. & C.R. 72. A proprietary interest in land. It binds the world, not just the parties to the lease. Landlord may forfeit even if rent owed […]
11th Jan 2016 Conference Papers Read moreThe top 10 things to think about: Thinking outside the box: deceit as a stand-alone basis for a claim. Deceit: the closest we get to pure allegation of fraud. “First, in order to sustain an action of deceit, there must be proof of fraud, and nothing short of fraud will suffice. Secondly, fraud is proved, […]
11th Nov 2015 Conference Papers Read moreScenario 1 Big Property Ltd has identified a potentially valuable development site, but does not wish to take the risk of developing the site on its own. It identifies Major Developer Plc as a potential joint venture partner. Major Developer is a particularly attractive partner for Big Property, as it has plenty of relevant experience, […]
11th Nov 2015 Conference Papers Read moreIntroduction In the cases of GOOD HARVEST V CENTAUR [2010] Ch 426 and K/S VICTORIA STREET V HOUSE OF FRASER (STORES MANAGEMENT) LTD [2012] Ch 497 first the High Court and then the Court of Appeal had to grapple with what had previously been a much debated question. This was whether a guarantor of an […]
11th Nov 2015 Conference Papers Read moreIntroduction The ability to apply to the Court for a summary order for possession pursuant to CPR Part 55 against “persons unknown” is a well-known and established procedure. It is intended to provide a quick and easy scheme for a landowner to recover possession of property from unwanted and unauthorised occupiers. Nevertheless, the urgent circumstances […]
11th Nov 2015 Conference Papers Read moreWhat can a sixteenth century lease teach us about twenty-first century landlord and tenant problems? Mark Wonnacott QC, Maitland Chambers Taken from ‘A new boke of presidentes in the maner of a register, wherein is comprehended the very trade of makyng all maner evydence and instruments of practyse ryght commodyous and necessary for every man […]
11th Nov 2015 Conference Papers Read moreMuch like London buses, cases on particular property law issues often come in clusters. This summer it was the turn of relief from forfeiture the principles of which were considered by the Court of Appeal on no less than three occasions in Magnic v Ul-Hassan and anor [2015] EWCA Civ 224, Safin (Fursecroft) Limited v Badrig […]
17th Sep 2015 Conference Papers Read more