Publications: Recent Property Cases

 

Iceland Foods Limited v Aldi Stores Limited

Aldi and Iceland have adjoining stores on the outskirts of Cambridge, being Units 1 and 2 respectively. They share the accessway and car park. Aldi originally took a Lease of all the land in 1996 and it then sub-let Unit 2 to Iceland a few months later and retained Unit 1 for its own use. […]

6th May 2016 Recent Property Cases Read more

Consortium Commercial Developments Limited v ABB Limited

This case concerns a claim for dilapidations in relation to premises known as Capella House, Snowdon Drive, Milton Keynes which was let for a term of 15 years expiring on 16 June 2011. Even though the lease expired over 4 years ago, the disrepair and failure to re-instate that existed at lease expiry has not […]

3rd Jul 2015 Recent Property Cases Read more

Remedies for interference with a right to light

Scott v Aimiuwu (18/2/2015) is the first known Court Decision on a rights of light claim since the Judgment of the Supreme Court in Coventry v Lawrence (2014) – in which the basis upon which injunctive relief should be granted, and damages awarded, was reviewed and revised. It is a Decision that will give some […]

9th May 2015 Recent Property Cases Read more

Scott v Aimiuwu – 
The First Rights of Light Case Following Coventry v Lawrence

Most developers will be eager to hear (probably more than the election results!) that the first Court Case on Rights of Light has determined following both Coventry v Lawrence and the Law Commission which presented themselves last year. However, it is unfortunately not too significant. The Facts This is a first instance County Court Judgement […]

9th May 2015 Recent Property Cases Read more

Parkingeye Limited v Barry Beavis

The Message: Parking fines are valid if commercially justifiable and fair. The Case: A motorist has unsuccessfully challenged a charge of £85 for parking beyond the permitted period (Parkingeye Limited v Barry Beavis (23 April 2015)). Parkingeye manage the car park at the Riverside Retail Park in Chelmsford. Shoppers are allowed to park free for […]

23rd Apr 2015 Recent Property Cases Read more

Chesterton Commercial (Oxon) Limited v Oxfordshire County Council

The Message County Councils are under a duty to make clear if land could be part of the public highway. The Case A purchaser of development  land successfully sued the County Council for substantial damages due to its failure as the highway authority to accurately record that certain land it intended to sell for car […]

22nd Feb 2015 Recent Property Cases Read more

Gordon James Ramsay v Gary Love

Ramsay Gets His Just Dessersts In 2008 Gordon Ramsay’s Company, Gordon Ramsay Holdings International Limited, took a lease of the York & Albany Pub and Restaurant in Parkway in Camden Town for a term of 25 years at an initial rent of £640,000 per annum. The obligations of the Company were personally guaranteed by Gordon […]

20th Jan 2015 Recent Property Cases Read more

Leading Property Cases of 2014

Iceland Foods Limited v Castlebrook Holdings Limited (12/12/2013) A case decided in late 2013 but not reported until 2014. It is a rare reported Judgment on an unopposed lease renewal and highlights the importance of having the correct expert evidence re comparables when it comes to fixing the rent. It is also of interest in […]

31st Dec 2014 Recent Property Cases Read more

Charalambous v Ng

The Message Failure to comply with statutory tenancy deposit requirements will prevent repossession of residential premises. The Case Charalambous v Ng [16 December 2014] is a particularly important decision for landlords and tenants where a deposit is held for tenant breaches of assured shorthold tenancies (including statutory periodic ones) of residential property. Charalambous took a […]

16th Dec 2014 Recent Property Cases Read more

Hardy v Griffiths

The Message Buy in haste and you have to pay the price. The Case Experienced lawyers found liable for breaching contract to purchase their dream house Mr and Mrs Griffiths, a Queens Counsel and a former head of a law firm, entered into a contract on 1 April 2011 to buy Laughton Manor in East […]

2nd Dec 2014 Recent Property Cases Read more