Publications: Recent Property Cases

 

West Country Renovations v McDowell

Technology & Construction Court Jurisdiction In West Country Renovations v McDowell the TCC made a Practice Direction in order to make clear the level and type of cases that should be brought in the TCC in London. It was concerned that, because of its ability to provide case management and quicker trial dates, inappropriate cases […]

23rd Feb 2012 Recent Property Cases Read more

Lloyds TSB Bank Plc v Markandan & Uddin

The Message Solicitors acting for lenders may pay a heavy price for carelessness. The Case The Court of Appeal has confirmed that lenders who are defrauded may be able to recover all their losses from their solicitors In 2007, the Defendant solicitors acted upon behalf of the Bank in relation to a loan of £742,500 […]

9th Feb 2012 Recent Property Cases Read more

FG II SA v OMFS Company & Bank of Scotland Plc

The Message Failure to engage in alternative dispute resolution can prove costly. The Case The High Court has penalised a successful party for not responding to an offer to mediate The Claimant, PFG, claimed some £1.8 million in damages for terminal dilapidations in relation to 3 floors at 33 Lombard Street in the City of […]

27th Jan 2012 Recent Property Cases Read more

Taylor v The Lamberts

The Message A precise measurement of land in a conveyance may be overridden by other factors. The Case Taylor v The Lamberts [18 January 2012] highlights that, even though a conveyance may contain a precise measurement of the area of land conveyed, the measurement may not prevail, where it conflicts with the plan or other […]

18th Jan 2012 Recent Property Cases Read more

Maioriello & Others v Ashdale Land & Property Company Limited

The Message A lawful user of an easement cannot be punished for other users’ unlawful use. The Case Maioriello & Others v Ashdale Land & Property Company Limited considered the unusual issue of whether a landowner, subject to a right of way, could block a benefiting party’s lawful exercise of the right, if that was […]

21st Dec 2011 Recent Property Cases Read more

Padden v Bevan Ashford

The Message Free advice can prove very costly. The Case The Court of Appeal has decided that solicitors can owe extensive duties to clients even where quick advice is given at no charge In March 2003, Mrs Padden was suddenly informed by her husband, a financial consultant, that their joint bank account had been frozen […]

21st Dec 2011 Recent Property Cases Read more

Avocet Industrial Estates LLP v Merol Limited

The Message Legal principles can take precedence over fairness. The Case Yet another landlord successfully defeats a tenant’s break clause on a technicality. The right to break a lease early is a very valuable right for a tenant but its exercise often has to involve overcoming substantial hurdles, some of which the tenant may not […]

19th Dec 2011 Recent Property Cases Read more

P Francis v F Berndes Limited

The Message Agreements to purchase land must be in writing. The Case P Francis v F Berndes Limited concerns whether a document complied with required statutory formalities to constitute a legally effective contract to sell land. It is a reminder that failure to comply may invalidate the contract. Mr Francis claimed that, in December 2003, […]

15th Dec 2011 Recent Property Cases Read more

Samarenko v Dawn Hill House Limited

The Message Failure to make timely payment of a deposit normally allows the seller to end the contract. The Case Samarenko v Dawn Hill House Limited considered issues of importance to the property industry concerning the payment of a deposit by the buyer under a contract to sell land. Such a contract almost always requires […]

1st Dec 2011 Recent Property Cases Read more

Quirkco Investments Ltd v Aspray Transport Limited

The Message Tenant Break Clauses continue not to run smoothly. The Case The Court has, yet again, had to consider whether a tenant has successfully exercised a conditional break clause In 2001, Aspray took a Lease of commercial premises in Castleford, West Yorkshire for a term of 15 years but with a right to break […]

23rd Nov 2011 Recent Property Cases Read more