Publications: Recent Property Cases

 

FoodCo UK LLP & Ors v Henry Boot Developments Limited

The Message Tenants need to look before leasing. The Case Tenants who relied on information when agreeing to enter into their Agreements for Lease sought to hold the developer liable for misrepresentation as the development has turned out to be a commercial disaster for them In January 2008, Henry Boot opened a motorway service area […]

3rd Mar 2010 Recent Property Cases Read more

Good Harvest Partnership LLP v Centaur Services Limited

The Message In a significant decision, the High Court has held that a tenant’s guarantor could not be required to guarantee an assignee of the lease. The Case It is now over 14 years since the Landlord and Tenant (Covenants) Act 1995 (“Act”) abolished “privity of contract” for leases entered into on or after 1 […]

23rd Feb 2010 Recent Property Cases Read more

Joyce v Bowman Law Limited

The Message The calculation and recovery of damages for loss of a chance to make a profit can be extremely complicated. The Case The Court had to decide how to compensate a purchaser who had lost the possibility to fully develop a property due to his solicitor’s negligence Mr Joyce purchased a cottage in West […]

18th Feb 2010 Recent Property Cases Read more

Supershield Limited v Siemens Building Technologies FE Limited

The Message In certain cases, a contract breaker will be liable for damage resulting from his breach, even if the damage would not have occurred in ordinary circumstances. The Case Supershield Limited v Siemens Building Technologies FE Limited concerned the allocation of responsibility for damage caused by a flood in a leading law firm’s offices. […]

20th Jan 2010 Recent Property Cases Read more

Westvilla Properties Limited v Dow Properties Limited

The Message The Court will strive to make a contract for the sale of land enforceable. The Case A purchaser sought to release itself from a contract on the basis that the documentation was incomplete and uncertain and was not binding upon it On 19 March 2008, Westvilla entered into a contract to sell to […]

15th Jan 2010 Recent Property Cases Read more

Thompson v Bee

The Message Disputes as to the extent of the use of a right of way are commonplace between neighbours due to unclear drafting. The Case Plans for a residential development on agricultural land depended on whether a right of way to the land could be used for this purpose Mr and Mrs Bee own Pear […]

20th Nov 2009 Recent Property Cases Read more

Patel v Keles

The Message A landlord may struggle to successfully object to his tenant’s statutory lease renewal based on his intention to occupy where he is likely to sell the premises. The Case Patel v Keles concerned the important issue of the basis on which landlords can oppose a business tenant’s application under the Landlord and Tenant […]

12th Nov 2009 Recent Property Cases Read more

New v Gromore Limited & Mindcross Limited

The Message Developers have to respect tenant’s rights and possessions. The Case The High Court has had to decide who, if anyone, is liable for the destruction of an internationally-acclaimed sculptor’s life’s work which was stored in a demolished lock-up garage Terry New is a renowned sculptor and head of Fine Art at the Royal […]

6th Nov 2009 Recent Property Cases Read more

Davies v Dennis & Others

The Message Covenants restricting a nuisance or annoyance may prevent building works on an estate even where the works may have been approved by the estate’s management company. The Case Davies v Dennis & Others concerned an attempt to use a restrictive covenant not to do anything which may be a nuisance or annoyance to […]

22nd Oct 2009 Recent Property Cases Read more

Stoll & Atkins v Wacks Caller

The Message Negligence by a Solicitor is only relevant if it causes a loss. 
The Case Purchasers of a property bought for development sued their solicitors for not protecting them against the possibility that the planning permission they had previously obtained might be quashed after they had completed the purchase. The purchasers agreed in 2003 […]

21st Sep 2009 Recent Property Cases Read more