Publications: Recent Property Cases

 

Newbigin v Monk

On 1 March 2017, the Supreme Court decided that property owners seeking to carry out refurbishments can claim business rates relief. The Supreme Court has reversed the Court of Appeal decision in Newbigin (VO) v S J & J Monk and reinstated the previously well-worn principle that premises should be valued for the purposes of […]

2nd Mar 2017 Recent Property Cases Read more

R Owers & N Owers v K Bailey

The Message Householders are awarded damages and an injunction against their neighbour for interfering with their right of way. 

The Case This case arose out of a dispute between the Owers and Bailey in relation to a track which lay between their properties. The owner of the track was unknown. Both Owers and Bailey claimed […]

15th Sep 2016 Recent Property Cases Read more

Unopposed renewal business tenancy cases to learn from

It appears that unopposed lease renewal cases under the Landlord and Tenant Act 1954 are like buses; there is a dearth and then 3 come along in a row. The 3 cases are very different to the other but each provides valuable insight as to what happens if a case does reach Court. Of course, […]

27th May 2016 Recent Property Cases Read more

Timothy Taylor Ltd v Mayfair House Corp & Anor

In this case, the Claimant tenant sought an injunction and damages against the Defendant landlord in relation to building works being carried out above the tenant at 14/15 Carlos Place, Mayfair, London W1. The Claimant is the tenant of the ground and basement floors under a lease which runs for 20 years from 2007. The […]

12th May 2016 Recent Property Cases Read more

Iceland Foods Limited v Aldi Stores Limited

Aldi and Iceland have adjoining stores on the outskirts of Cambridge, being Units 1 and 2 respectively. They share the accessway and car park. Aldi originally took a Lease of all the land in 1996 and it then sub-let Unit 2 to Iceland a few months later and retained Unit 1 for its own use. […]

6th May 2016 Recent Property Cases Read more

Consortium Commercial Developments Limited v ABB Limited

This case concerns a claim for dilapidations in relation to premises known as Capella House, Snowdon Drive, Milton Keynes which was let for a term of 15 years expiring on 16 June 2011. Even though the lease expired over 4 years ago, the disrepair and failure to re-instate that existed at lease expiry has not […]

3rd Jul 2015 Recent Property Cases Read more

Remedies for interference with a right to light

Scott v Aimiuwu (18/2/2015) is the first known Court Decision on a rights of light claim since the Judgment of the Supreme Court in Coventry v Lawrence (2014) – in which the basis upon which injunctive relief should be granted, and damages awarded, was reviewed and revised. It is a Decision that will give some […]

9th May 2015 Recent Property Cases Read more

Scott v Aimiuwu – 
The First Rights of Light Case Following Coventry v Lawrence

Most developers will be eager to hear (probably more than the election results!) that the first Court Case on Rights of Light has determined following both Coventry v Lawrence and the Law Commission which presented themselves last year. However, it is unfortunately not too significant. The Facts This is a first instance County Court Judgement […]

9th May 2015 Recent Property Cases Read more