Publications: Speakers Corner

 

How Good is Your Expert Evidence?

Obtaining a favourable outcome for a client involved in a property dispute very often depends upon the quality of the opinion evidence provided in support of their case. The most obvious instances are surveyors providing valuation evidence in the context of lease renewals and rent review arbitrations or surveying evidence in the context of dilapidation […]

1st Feb 2007 Speakers Corner Read more

Consult thy neighbour – residential service charge legislation

My current legal “pet hate” relates to residential service charges and the failure of the law to cater for a very common situation, namely a tenant-owned block of flats. I admit this is personal because I have first hand experience of the headache that comes with being company secretary but even professionally I have encountered […]

22nd Mar 2006 Speakers Corner Read more

The Saatchi Gallery – Why It Was Refused Relief From Forfeiture

Cadogan Leisure Investments Limited (“Cadogan”) brought forfeiture proceedings against lessee Danovo Limited (“Danovo”), the company operating the Saatchi Gallery at County Hall. That action came to trial in October 2005 before Sir Donald Rattee, sitting as a High Court Judge. The outcome of the trial is well-known; the Judge found that Danovo was in breach, […]

29th Nov 2005 Speakers Corner Read more

Break clauses – save time and money by talking

In the rush to secure a property, it can be easy to overlook the small print in a conditional lease in relation to dilapidations – with potentially expensive results. Landlords too can benefit from taking time to consider the wider commercial perspective in negotiating exit agreements, which can easily be ignored if there‚Äôs too much […]

26th Aug 2005 Speakers Corner Read more

Good fences make good neighbours

Cons Mediation involves consensus. Barristers are fine in the adversarial bear pit but their skills are unsuited to the pursuit of commercial accord. This is a nice way of saying that most Counsel have difficulty seeing past their own egos. Barristers have to be paid (their clerks insist on it). If a mediation fails it […]

19th Jan 2005 Speakers Corner Read more

The Interpretation of Noticies

Notices are very important in the day-to-day life of a property lawyer. A client’s legal rights will frequently be exercisable by the service of a notice. Accordingly, the service of an invalid notice may have disastrous consequences: an invalid notice might result in the irrevocably loss of a client’s legal rights and, perhaps, imply the […]

1st Jan 2005 Speakers Corner Read more