Publications: Recent Property Cases

 

Sharma & Kuruppu v Simposh Limited

The Message Oral contracts in relation to land are not worth the paper they are written on! The Case The Court of Appeal has made clear that sometimes payments made under void contracts for the purchase of land are not recoverable In 2007, the Claimants reached an agreement with the Defendant property developer to buy […]

23rd Nov 2011 Recent Property Cases Read more

Stadium Capital Holdings (No,2) Ltd v St Marylebone Property Company Plc

The Message The Court will adopt a sensible approach to awarding damages. The Case The High Court has had to decide how damages for trespass should be calculated in relation to a lucrative advertising hoarding erected over an adjoining owner’s airspace. The Claimant, Stadium Capital, owns a cleared development site on the Finchley Road in […]

8th Nov 2011 Recent Property Cases Read more

Estafnous v LLBC Limited

The Message Careful drafting of contractual documents is still vital. The Case The Court of Appeal has made clear there is a limit on how liberal the Courts will be when interpreting documents. As long ago as March 2001, Mr Estafnous entered into a commission agreement with LLBC whereby he was to receive commission of […]

14th Oct 2011 Recent Property Cases Read more

Capital Alternative Fund Services (Guernsey ) Ltd v Drivers Jonas

The Message Professionals should not act without the required expertise. The Case The High Court has held valuers liable in damages for over £18 million for a negligent property valuation but made clear that they are not liable for all losses caused by the purchase proceeding. In a lengthy and detailed Judgment which covers many […]

9th Sep 2011 Recent Property Cases Read more

Trustees of Beardsley Theobalds Retirement Benefit Scheme (“Trustees”) v J Yardley

The Message A tenant’s guarantee was rendered invalid because of undue influence. The Case Trustees of Beardsley Theobalds Retirement Benefit Scheme (“Trustees”) v J Yardley [30 September 2011] is a worrying decision for landlords. The Court, importantly, suggested that in certain circumstances landlords should check that guarantors have been made aware of the implications of […]

3rd Sep 2011 Recent Property Cases Read more

Mann Aviation Group (Engineering) Limited v Longmint Aviation Limited

The Message Intra-Group dealings can bind the parties and cause complications. The Case The High Court has decided whether informal dealings between Group companies created a business tenancy in favour of a subsidiary company. In May 2011 the claimants, MAGE, went into Administration and their holding company, Longmint, sought to recover possession of the aircraft […]

19th Aug 2011 Recent Property Cases Read more

Hirose Electrical UK Limited v Peak Ingredients Limited

The Message The character of a property’s locality is important in deciding whether the property’s odours are a nuisance. The Case The case of Hirose Electrical UK Limited v Peak Ingredients Limited sheds light on when odours emanating from a property constitute a nuisance in law for neighbouring properties. Hirose, a manufacturer of parts for […]

11th Aug 2011 Recent Property Cases Read more

Swift 1st Limited v Colin & Others

The Message A lender may be able to exercise a power of sale even if its mortgage is not registered. The Case Swift 1st Limited v Colin & Others is a significant decision because it casts doubt on established practices in relation to dealing with registered land. The Rileys owned the freehold in a property […]

27th Jul 2011 Recent Property Cases Read more

Rees v Peters

The Message Language in legal documents must be understood in its own context. The Case Rees v Peters [21 July 2011] concerned the commonly encountered dispute of whether a property owner could enforce the benefit of a restrictive covenant entered into many years ago against a neighbouring owner. As is often the case in such […]

21st Jul 2011 Recent Property Cases Read more

Mahon v FBN Bank (UK) Ltd

The Message Banks may face difficulties enforcing personal guarantees. The Case A husband and wife sought to rely on failings by their Bank to set aside statutory demands to recover sums claimed under personal guarantees Mr Mahon is a residential property developer who conducted his business through a company called Criccieth Homes Limited. He was […]

6th Jun 2011 Recent Property Cases Read more