Service Charges in Commercial Leases: Key Principles of Construction and Operation Michelle Caney St Ives Chambers August 2017 Introduction There is an inherent conflict between the interests of a landlord and those of a tenant where service charges are concerned. Inevitably, a landlord will want to recover as much as he can from his tenant, whilst the […]
21st Aug 2017 Speakers Corner Read moreWho has to prove what? Prescriptive rights and evidential presumptions Lina Mattsson, Hardwicke Chambers August 2017 The fundamental question of the burden of proof is often overlooked in civil litigation; with all parties seeking to call evidence to support their version of events. In cases involving prescriptive rights, this often becomes much more difficult […]
20th Aug 2017 Speakers Corner Read moreAt the Property Litigation Association’s recent annual conference, Jonathan Seitler QC opened up his bag of tricks and shared with a delighted audience his favourite little-used – but hugely useful – provisions, rules and authorities that can be relied on to good effect at trial. Counting down to his number one, these are Seitler’s top […]
29th Mar 2017 Speakers Corner Read moreDavid Holland was called to the Bar in 1986 and took silk in 2011. The core of David’s practice is all forms of property litigation but he also practices in the areas of professional negligence and costs. David has immense experience of litigating at all levels of court. His recent cases include: Denton v White […]
31st Oct 2014 Speakers Corner Read moreIntroduction The Land Registration Act 2002 (“the LRA 2002”) came into force 11 years ago. After 152 years of “the land registration project” over 80% of the land in England and Wales is registered. The Law Commissioner responsible for property projects, Professor Elizabeth Cooke, recently said: “the purpose of title registration is to guarantee title”. […]
31st Oct 2014 Speakers Corner Read moreThe problem In Target Holdings Ltd v Redferns [1996] 1 AC 421, the House of Lords proceeded on the basis, first, that the money given by the finance company lender to its solicitors was “to be held on a bare trust and transferred to the mortgagor once the property had been purchased and charged to […]
30th Oct 2014 Speakers Corner Read moreThe Armoury 1. Off the starting blocks we assume the covenant is enforceable, but it is necessary to check the running of the benefit and burden meticulously. 2. Faced with this problem we can: Try to buy it off Obtain title indemnity Utilise S. 610 of the Housing Act 1985 Utilise S. 84 of the […]
30th Sep 2014 Speakers Corner Read moreIn the recent case of Szepietowski v The Serious Organised Crime Agency [2013] UKSC 65, the Supreme Court has reviewed the equitable doctrine of marshalling. There are comparatively few reported cases in this area, and the Szepietowski case therefore provides useful guidance as to when a second secured creditor will be entitled to rely on […]
30th May 2014 Speakers Corner Read moreThe 3 recent break clause cases of Friends Life v Siemens Hearing (3 April 2014), Friends Life v A&A Express (9 May 2014) and M&S v BNP Paribas (14 May 2014) have all highlighted omissions or practical difficulties caused by the drafting of the break clauses in the Leases. These include: Not providing for re-imbursement […]
27th May 2014 Speakers Corner Read moreThe recent Supreme Court decision in Coventry v Lawrence [2014] UKSC 13 raises interesting points relating to the tort of private nuisance and the remedies available to a successful Claimant, primarily in respect of nuisance arising from noise, but of wider importance on the issue of damages being granted in lieu of injunctive relief. Background […]
16th May 2014 Speakers Corner Read more