Publications: Conference Papers

 

Annual Conference – sale contracts – are you in or are you out

Introduction 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 more

Annual Conference – Forfeiture & The Insolvent Tenant

Workshop 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 more

Annual Conference – Tax for Real Estate Litigators

When 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 […]

27th Mar 2015 Conference Papers Read more

Leeds Seminar – Calculation of damages in lieu of injunction

Introduction Since the decision of the Supreme Court in Coventry v Lawrence [2014] AC 822 early last year, and its disapproval of authorities such as Regan v Paul Properties DPF No 1 Ltd [2007] Ch 135 and Watson v Croft Promo-Sport Ltd [2009] EWCA Civ 15, increased attention should be given to the possibility of […]

8th Mar 2015 Conference Papers Read more

Autumn Training Day – The 1954 Act

What’s New? Fault based grounds of opposition: Horne & Meredith Properties v Cox & Billingsley [2014] EWCA Civ 243 &Youssefi v Mussellwhite [2014] EWCA Civ 885. The authorities on the 1954 Act are a bit like buses. Nothing for ages and then two at once. This year the Court of Appeal has heard two appeals […]

6th Nov 2014 Conference Papers Read more

Autumn Training Day – Telecommunications operators and their mast-sharing arrangements

Introduction Anyone who has watched television, or, for that matter, been outside, will know that the telecommunications market is in a constantly evolving state. Operators are getting into bed with one another. Everything Everywhere (“EE”, the one with the ads featuring Kevin Bacon) is a joint enterprise of T-Mobile and Orange. We are increasingly seeing […]

6th Nov 2014 Conference Papers Read more

Autumn Training Day – Loss of rent in Terminal Dilapidations Claims

Claims against tenants for damages for terminal dilapidations routinely include an amount for loss of rent, usually formulated by reference to the income said to have been foregone during the period reasonably necessary for carrying out the requisite repair works. In practice, such claims do not often succeed. What are the applicable legal principles? Click […]

6th Nov 2014 Conference Papers Read more

Autumn Training Day – Rights of Light – Acquisition, Abandonment & Breach

“Bring Me Sunshine” The scenario below is based on a development in central London, although it could be set in any other City in England and Wales. Imagine… You are asked to imagine that you (the instructing solicitor) are present at the first conference with counsel and the rights of light surveyor, at which the […]

6th Nov 2014 Conference Papers Read more

Autumn Training Day – No Documents – What Next?

The answer to the question: “No documents-what next?” of course very much depends on the context in which you ask it. One might for example have to give a very different answer if one had just been involved in a car accident than one might give if stopped in the street by a policeman in […]

6th Nov 2014 Conference Papers Read more

Autumn Training Day – Issues arising with mixed use premises

Introduction 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 […]

6th Nov 2014 Conference Papers Read more