Publications: Recent Property Cases

 

Tinseltime v Roberts & Others

The Message An employer is not generally liable for the unlawful acts of an independent contractor. The Case The Court considered which parties the Claimant could sue, and what damages could be recovered, for damage caused to manufacturing equipment by dust during building works In 2007, work on a road building scheme was being carried […]

13th May 2011 Recent Property Cases Read more

Seeff v Ho

The Message You need to love but not trust your neighbour. The Case The Court of Appeal has made clear how the Courts should treat informal agreements between neighbours. Mr & Mrs Seeff live at 316 Whitchurch Lane, Edgware and Mr & Mrs Ho live next door at 314. Between their houses are their respective […]

24th Feb 2011 Recent Property Cases Read more

Magrath v Parkside Hotels Limited

The Message A warning to check old rights of way are still valid. The Case Magrath v Parkside Hotels Limited [3 February 2011] highlights that a right of way, granted many years ago, may have been invalidated by arcane legal rules. The case concerned a dispute about the continued existence and extent of a fire […]

3rd Feb 2011 Recent Property Cases Read more

Daejan Investments v Benson

The Message Landlords may not recover service charges for major works if they fail to consult properly with tenants. The Case The Court of Appeal has held that landlords may suffer severe financial consequences if they undertake major works to residential properties without first complying with the statutory consultation procedure The Landlord and Tenant Act […]

28th Jan 2011 Recent Property Cases Read more

Glentree Estates, Beauchamp Estates & Savills v Favermead Ltd

The Message Commission agreements need to be carefully worded. The Case A long-running dispute over a £1 million commission claim on the sale of a Kensington house has finally been resolved. In 1995, a company owned by Professor Khalili bought 18-19 Kensington Palace Gardens. It then sold it for £50 million in September 2001 to […]

21st Dec 2010 Recent Property Cases Read more

Churchill v Temple

The Message An obligation requiring “vendors’ consent” to alterations ceased with the original vendors’ death. The Case Churchill v Temple concerned the important issue of whether a property owner, whose land was burdened by an obligation to obtain “vendors’ consent” to alterations to his property, still had that obligation following the death of the “vendors”. […]

14th Dec 2010 Recent Property Cases Read more

Fairstate Limited v Atef Sarian

The Message Badly drafted Guarantees may be ineffective. The Case The High Court has considered whether deficiencies in the drafting of a personal Guarantee of a property management contract can be cured or not Fairstate owns a block of 12 residential flats at 22/23 Marylebone High Street, London, W1.In September 2006, it entered into a […]

29th Nov 2010 Recent Property Cases Read more

Silver Queen Marine Ltd v Persia Petroleum Services

The Message Parties need to be careful not to settle disputes prematurely. The Case The High Court has clarified when it is too late for a party to withdraw from a settlement. Silver Queen was sub-contracted by Persia Petroleum to carry out an oil exploration survey in the Persian Gulf in 2008/9. Persia Petroleum were […]

18th Nov 2010 Recent Property Cases Read more

Re North East Property Buyers Litigation

The Message The seller in a sale and leaseback must ensure his new lease has priority over the buyer’s mortgage. The Case Re North East Property Buyers Litigation [19 November 2010] is a significant test case on competing priorities between occupiers, who sold their homes under sale and leaseback schemes, and mortgagees for the buyers […]

9th Nov 2010 Recent Property Cases Read more

London Tara Hotel Limited v Kensington Close Hotel Limited

The Message Open, unforced use of a road for 20 years without the owner’s consent can establish a legal right. The Case In London Tara Hotel Limited v Kensington Close Hotel Limited [1 November 2010], a London hotel was able to rely on an antiquated legal doctrine to allow it to use a road for […]

1st Nov 2010 Recent Property Cases Read more