Publications: Recent Property Cases

 

Coventry & Others v Lawrence & Shields

Supreme Court reviews and changes law as to private nuisance and appropriate remedies. The Message The law as to interference with neighbouring land has changed. The Case The Supreme Court has reviewed the law as to private nuisance and whether an Injunction should be the appropriate remedy In 2006, Ms Shields and Mr Lawrence, the […]

26th Feb 2014 Recent Property Cases Read more

Supreme Court Judgement – Coventry v Lawrence

The issues raised by this appeal This appeal raises a number of points in connection with the law of private nuisance, a common law tort. While the law also recognises public nuisance, a common law offence, this appeal is only concerned with private nuisance, so all references hereafter to nuisance are to private nuisance. It […]

26th Feb 2014 Recent Property Cases Read more

Courtwell Properties Limited v Greencore PF (UK) Limited

Breaches of dilapidations pre-action protocol considered by court in claim by landlord agaisnt tenant for indemnity costs. In Courtwell Properties Limited v Greencore PF (UK) Limited (04/02/14), the Claimant landlord made a Part 36 Offer to accept £800,000 from the Defendant tenant in relation to its claim for damages for dilapidations re 3 industrial Units […]

4th Feb 2014 Recent Property Cases Read more

Xenakis & Corke v Birkett Long LLP

Solicitors negligent for advice on Lease Guarantees but not liable for losses suffered due to Claimants’ financing arrangements. The Message Litigants do not always get their just desserts. 

The Case Negligent solicitors fortuitously escape substantial liability due to Claimants’ corporate arrangements. In 2005, the Claimants, Mr Xenakis and Mr Corke, decided to open a restaurant […]

3rd Feb 2014 Recent Property Cases Read more

Bristol Alliance v Bennett

The Message Entitlement to a specific performance remedy survives a company’s administration. 

The Case Bristol Alliance v Bennett [18 December 2013] concerns a landlord’s entitlement to a payment from a tenant due on completion of a surrender of the tenant’s lease. The complexity for the landlord was caused by the tenant company going into administration […]

18th Dec 2013 Recent Property Cases Read more

Tiger Aspect Holdings Limited v Sunlife Europe Properties Limited

The Message Dilapidations claims can be based on the cost of different works. The Case The Court of Appeal has upheld a Judgment awarding a landlord damages based on the cost of repairs undertaken notwithstanding the works involved alterations and improvements. In 2008, Tiger Aspect vacated an office building in Soho Square, London that they […]

17th Dec 2013 Recent Property Cases Read more

Iceland Foods Limited v Castlebrook Holdings Limited

The Message Parties need to better protect themselves against lease renewal costs. The Case In a rare Court Judgment on an unopposed business tenancy renewal, the Court has dealt interestingly with costs, as well the duration of the new lease and rent Iceland applied for a new lease of their supermarket premises in Sandbach, Cheshire. […]

12th Dec 2013 Recent Property Cases Read more

Lanfear v Chandler

The Message “T” marks on a plan are not necessarily indicative of boundary ownership. The Case Lanfear v Chandler [20 November 2013] concerned how to resolve disparities between documentation and the position on the ground in relation to ownership of a boundary feature. 
This involved an analysis of the purpose of “T” marks commonly encountered […]

20th Nov 2013 Recent Property Cases Read more

Lloyd v Browning



The Message Ensure important representations are confirmed in writing. 

The Case Lloyd v Browning [4 November 2013] concerned the effectiveness of a widely used contractual provision to exclude liability on the seller’s part for misrepresentations. The Brownings were farmers who decided to sell their property and, to enhance the sale, sought a planning permission to […]

4th Nov 2013 Recent Property Cases Read more

PGF II SA v OMFS Company 1 Limited

The Message A party can be severely penalised for failing to engage in alternative dispute resolution. The Case The Court of Appeal has for the first time had to decide whether and how to punish a party for failing to respond to a request by the other party to mediate Although Alternative Dispute Resolution (“ADR”) […]

23rd Oct 2013 Recent Property Cases Read more