The top 10 underused rules for property litigators

At 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 more

Newbigin v Monk

On 1 March 2017, the Supreme Court decided that property owners seeking to carry out refurbishments can claim business rates relief. The Supreme Court has reversed the Court of Appeal decision in Newbigin (VO) v S J & J Monk and reinstated the previously well-worn principle that premises should be valued for the purposes of […]

2nd Mar 2017 Recent Property Cases Read more

PLA endorses industry-wide letter to the Joint Committee on Statutory Instruments

The PLA has fully endorsed an industry-wide letter to the Joint Committee on Statutory Instruments, concerning proposed changes to the business rates appeals system. New Regulations governing rates appeals are proposed to come into effect from 1 April 2017. However, the Regulations have yet to be laid before Parliament. Further, the Department of Communities and […]

27th Feb 2017 News Read more

Minutes of PLA – LRC Committee – 22.02.17

In Attendance Kerry Glanville (Chair) Stuart Wortley Danielle Drummond-Brassington Peter Bourke Mathew Ditchburn Dellah Gilbert Bryan Johnston Natalie Johnston Gary Lawrenson (by invitation) Tim Sheed (by invitation) Apologies Emily Wood Jacqui Joyce Charlotte Tyfield Thekla Fellas Paul Barker Click here for the LRC Minutes – 22.02.17.

22nd Feb 2017 Law Reform Committee Read more

Restrictive Covenants – Remedies for Breach

Introduction There are whole books written on restrictive covenants in relation to property, and so instead of a whistle-stop tour of the area, this part of the seminar concentrates instead on remedies for breach. This is the most transferable aspect of this area of law, and the same principles are of application generally within litigation. […]

22nd Nov 2016 Conference Papers Read more

Contractual interpretation and the implication of terms: a return to orthodoxy?

Introduction Over the last 45 or so years, the House of Lords and Supreme Court have examined the relevant principles of contractual interpretation in some landmark authorities. Notable cases include: Prenn v Simmonds [1971] 1 WLR 1381; Investors Compensation Scheme Ltd v West Bromwich Building Society (No.1) [1998] 1 WLR 896; Bank of Credit and […]

22nd Nov 2016 Conference Papers Read more

Obligations of Good Faith: express, implied, underlying and what they really mean

Richard Clegg, Barrister at Selborne Chambers, London It was generally thought that there were but a few well defined categories of contract that required the parties to deal in good faith (partnership and insurance being prime examples) and in all others laissez-faire prevails. In 2013 all that changed. Or did it? The refusal to recognise […]

22nd Nov 2016 Conference Papers Read more

Restrictive Covenants

Introduction Restrictive covenants can appear in both leases and in relation to freehold land. They are contractual obligations that prohibit certain specific conduct. Unlike normal contractual promises, which bind only the original parties, these can bind subsequent owners of the affected land. Common examples of restrictive covenants include: Not to erect any building or structures […]

17th Nov 2016 Conference Papers Read more

New PLA Committee for 2016-2017

Your new Executive Committee is now as follows: Chair – Alison Hardy Vice Chair & Chair of the Regions – Martin Edwards Honorary Secretary – Bryan Johnston Chair of the Law Reform Committee & Honorary Treasurer – Kerry Glanville Chair of the Education & Training Committee – Ben Barrison Chair of the Website and Marketing […]

11th Nov 2016 News Read more