Publications: Recent Property Cases

 

Peaceform Limited v Cussens & Others

The Message Great care must be taken to ensure that the contents of notices are correct as simple errors can render important notices ineffective. 

The Case The High Court has held that a tenant has lost the benefit of its option to purchase the freehold of its premises by a certain date as a result […]

16th Oct 2010 Recent Property Cases Read more

Lloyds TSB Bank PLC v Markandan & Uddin

The Message Solicitors can be the victims of fraud on lenders. The Case The High Court has had to decide whether solicitors have to bear the whole loss suffered by a negligent lender who is defrauded by the borrower In 2007, a Mr Victor Davies applied for a mortgage loan from Cheltenham & Gloucester plc […]

14th Oct 2010 Recent Property Cases Read more

Morgan v Pooley

The Morgans agreed to buy a house from the Pooleys for £1.66 million. It was a substantial house in beautiful countryside with 2 acres of grounds. An old farm track ran along one boundary. It was seldom used but, unknown to the Morgans, the neighbouring owners had applied for planning permission to build a new […]

7th Oct 2010 Recent Property Cases Read more

HKRUK II (CHC) Limited v Heaney

The Message Developers must not proceed without first resolving right to light claims by adjoining occupiers. The Case In the first major reported case involving a completed commercial development, the Court has had to decide whether an injunction should be granted to prevent interference with an adjoining owner’s rights to light or whether damages would […]

3rd Sep 2010 Recent Property Cases Read more

Mourant & Co Trustees Limited v Sixty UK Ltd (in administration)

The Message A victory for landlords against the use of CVAs to guarantee strip. The Case The “Powerhouse” case established the possible use of company voluntary arrangements (“CVAs”) for tenant companies to deprive landlords of the benefit of third party guarantees of the tenant’s liabilities. The latest challenge to this practice came in Mourant & […]

23rd Jul 2010 Recent Property Cases Read more

The Hotgroup Plc v The Royal Bank of Scotland Plc

The Message Parties seeking to exercise a right to break a lease must ensure they comply with the lease requirements for where the break notice is to be served. The Case The Hotgroup PLC v The Royal Bank of Scotland PLC [28 May 2010] highlights the criticality of ensuring any notices to terminate a lease […]

28th May 2010 Recent Property Cases Read more

Aldgate Construction Company Limited v Unibar Plumbing & Heating Limited

The Message A developer can recover loss of profits as a result of being prevented by a contractor’s negligence from financing future developments. The Case The High Court has clarified the extent to which damages can be recovered for loss of development opportunities caused by a breach of contract On 19 March 2005, a fire […]

14th May 2010 Recent Property Cases Read more

Levicom International v Linklaters

The Message Solicitors’ advice of a 70% change of success is strong advice which a client is entitled to rely on as being correct. The Case The Court of Appeal has found Linklaters liable in damages for giving too strong advice to a client on a litigation matter Levicom had interests in the telecommunications business […]

11th May 2010 Recent Property Cases Read more

The Bridgewater Canal Company Limited v GEO Networks Limited

The Message An operator was required by the Electronic Communications Code to pay not only for the right to install a cable under a canal, but also the right to keep it there. The Case Although the Telecommunications Code first appeared over 20 years ago, there has been little reported case law on its provisions. […]

19th Mar 2010 Recent Property Cases Read more

Scullion v Bank of Scotland Plc

The Message Property valuers acting for lenders owe duties to the borrowers as well. The Case A buy-to-let purchaser sued the bank’s valuer for overvaluing the property for lending purposes on the basis the valuer knew he would rely on the valuation as well In 2001, Linden Homes began constructing a block of flats in […]

18th Mar 2010 Recent Property Cases Read more