Publications: Recent Property Cases

 

Mitsui Sumitomo Insurance v The Mayor’s Office for Policing & Crime

The Message Law cases can highlight surprising old laws that still apply. The Case The High Court has determined who is ultimately liable for damage caused to the Sony distribution warehouse during the Tottenham riots. On the night of 8 August 2011. The Sony distribution warehouse in Enfield in North London was burnt down by […]

12th Sep 2013 Recent Property Cases Read more

Goodman v Elwood

The Message A positive covenant may burden successors. The Case Under English law, a positive covenant (such as maintaining a wall or making a payment) does not run with the land. That means that if the person with the obligation sells the land, his successor is not automatically bound. Goodman v Elwood [4 September 2013] […]

4th Sep 2013 Recent Property Cases Read more

Khan v Kane

The Message The Court can see the wood from the trees! The Case In an important case for practitioners and insurers, the Court has made clear when a homeowner will be liable for tree root damage to another property Mr and Mrs Khan own a house in Stanmore, Middlesex. Mrs Kane owns the house next […]

3rd Sep 2013 Recent Property Cases Read more

Siemens Hearing Instruments v Friends Life Limited

The Message The law will seek to let justice triumph over technicalities. The Case In yet another break notice dispute, the Court has reached a decision based on the merits rather than a failure to follow the exact procedure required In 1997, Friends Life agreed to let to Siemens premises in Crawley for a term […]

12th Jul 2013 Recent Property Cases Read more

J Harvey v Dunbar Assets Plc

The Message Failure of a multiple guarantor to validly sign may invalidate all the guarantees. The Case J Harvey v Dunbar Assets Plc [30 July 2013] concerned the significant issue of whether a guarantor who had signed a guarantee was liable where another guarantor had failed to sign the guarantee. Dunbar Assets Plc made available […]

3rd Jul 2013 Recent Property Cases Read more

Peel Land & Property (Ports No 3) v TS Sheerness Steel Limited

Tenant’s right to remove its plant and equipment from premises even though substantial and costly to do so. The Message A Tenant can remove substantial plant and equipment from premises. The Case In an important case for tenant’s who cease to trade, the Court has made clear the law with regard to removal of fixtures […]

14th Jun 2013 Recent Property Cases Read more

Topland Portfolio No.1 Limited v Smiths News Trading Limited

The Message Any material variation can discharge a guarantor! The Case A guarantor has successfully challenged its liability to meet substantial liabilities under a 1981 lease In 1981, a lease was granted of premises in Morecambe, Lancashire for a term of 35 years. The original tenant was WH Smith Do-It-All Limited and the guarantor was […]

6th Jun 2013 Recent Property Cases Read more

Gavin v Community Housing Association Limited

The Message Courts are reluctant to imply a repair obligation on a landlord of commercial premises. The Case Gavin v Community Housing Association Limited [24 May 2013] concerns tenants’ fight to stay in their premises based on a landlord’s alleged breach of obligation. Ms Gavin and another were tenants of commercial premises comprising ground floor […]

24th May 2013 Recent Property Cases Read more

Hunt & Ors v Optima (Cambridge) Limited & Strutt & Parker

The Message Surveyors or Architects acting for developers can owe substantial duties to purchasers. The Case The High Court has awarded substantial damages to purchasers of defective flats in a new development. Between 2001 and 2004, Optima developed a new 4 storey block of 26 flats known as Jubilee Mansions in Peterborough. Optima retained half […]

29th Apr 2013 Recent Property Cases Read more