Publications: Recent Property Cases

 

NIRAH Holdings v Hanson Building Products & Another

The Message A party is bound by the terms of the agreement and cannot subsequently seek to rely on matters it has not provided for. The Case The Court had to decide whether the Defendant was obliged to enter into a S.106 Agreement to enable the Claimant to proceed with the proposed development of a […]

11th Sep 2009 Recent Property Cases Read more

Clark v Lucas Solicitors LLP

The Message Solicitors should not give undertakings lightly. The Case A firm of solicitors has been found liable to the purchasers of a property to pay off a Charge secured thereon notwithstanding the amount required to do so is twice the value of the property. It is standard practice for solicitors acting for a vendor […]

31st Jul 2009 Recent Property Cases Read more

Roundstone Nurseries Limited v Stephenson Holdings Limited

In Roundstone Nurseries Limited v Stephenson Holdings Limited, the Court considered whether it had jurisdiction to award costs in relation to a mediation that had failed. The Background Roundstone had commenced proceedings against Stephenson in the Technology and County Court in April 2008. The claim relates to a defective concrete floor slab. Stephenson deny any […]

10th Jun 2009 Recent Property Cases Read more

Osibanjo v Seahive Investments Limited

The Message The banking of a tenant’s cheque will not always lead to a landlord losing its right to forfeit a lease. The Case In Osibanjo v Seahive Investments Limited the Court of Appeal considered the critical issue of when the banking of a tenant’s cheque by a landlord will lead to a landlord losing […]

21st Nov 2008 Recent Property Cases Read more

Aboualsaud v Aboukhater

The Message Agreements between friends should be recorded in writing to ensure they are enforceable. The Case The High Court has had to decide whether very substantial commission in relation to a sale of a hotel was payable pursuant to an alleged oral agreement between the parties. On 22 December 2004, the Monte Carlo Grand […]

19th Sep 2007 Recent Property Cases Read more

Yewbelle Ltd & Knightsbridge Green Ltd v London Green Developments Ltd

Court of Appeal It’s the effort that counts! The Message Where completion of a sale contract was dependent on a planning agreement being entered into, the contract could be terminated where the seller failed to obtain the agreement but proved he had used all reasonable endeavours to obtain it. The Case Knightsbridge Green Ltd entered […]

23rd May 2007 Recent Property Cases Read more

Trans-World Investment Limited v Anita Dadarwalla


The Message The Court will have regard to the previous rent payable when fixing the new market rent on the renewal of a business tenancy. The Case The Court of Appeal has allowed an appeal against a Judgment which fixed the market rent on the grant of a new business tenancy without having due regard […]

22nd May 2007 Recent Property Cases Read more

Crow & Crow v Waters

The Message It is essential for an occupier to have been granted exclusive occupation of land for a tenancy to be created. 

The Case A claim for a declaration that a business tenancy had been entered into failed because the arrangement was held to be only a licence to occupy and, accordingly, was not protected […]

15th May 2007 Recent Property Cases Read more

Earl of Malmesbury v Strutt & Parker and Wilsons

Surveyors’ liability for damges for negligent advice The Judgment of the High Court in Seventh Earl of Malmesbury v Strutt & Parker and Wilsons is of particular interest as it makes clear the following: The level of duty owed by a Surveyor employed by a major national firm; The lack of duty of a solicitor […]

11th May 2007 Recent Property Cases Read more

Buckley v Dalziel

The Message A property owner cannot be sued for defamation for unjustifiably reporting another party to the police. The Case In relation to a dispute between neighbours, the Court has made it clear that a party that believes it is a victim of crime should be entitled to file a criminal complaint without fear of […]

3rd May 2007 Recent Property Cases Read more