First Secretary of State v Arun District Council

The Message An enforcement notice served by a local authority in respect of a breach of planning was held to be invalid as it was served out of time. The Case This case raises an important issue relating to the statutory time limit for enforcement by a local planning authority of a breach of planning […]

10th Aug 2006 Recent Property Cases Read more

R (on the application of Corporation of London) v Secretary of State for Environment, Food & Rural Affairs & Others

The Message The Secretary of State was entitled to consent to the sale of fish and meat at Covent Garden Market provided that did not constitute a fish and meat market. 

The Case This case concerned London’s three very ancient markets. The Corporation of London owns Smithfield Market (the meat market) and Billingsgate Market (the […]

21st Jun 2006 Recent Property Cases Read more

Oates v Stimson

The Message Oral contracts for the sale of land are normally of no effect but they can be enforceable in certain circumstances. 

The Case The Court of Appeal has opened the door even further to litigation between property owners by upholding a decision of the Swindon County Court that a contract for the sale of […]

16th May 2006 Recent Property Cases Read more

Estate Acquisition & Development Ltd v Wiltshire & Another

The Message Tenants were successful in having an order for forfeiture of their lease set aside despite having failed to attend the hearing at which the order was made. The Case Ms Wiltshire and Mr Chambers (the tenants) had a lease of a property under which they paid £20 ground rent a year as well […]

4th May 2006 Recent Property Cases Read more

Donington Park Leisure Limited v Wheatcroft & Son Limited

The Message The Court can help parties to plug holes in their Agreements but only to a limited extent. The Case The High Court has determined what further terms should be contained in a Licence Agreement for use of some additional land during the holding of the British Motor Cycle Grand Prix each year (Donington […]

7th Apr 2006 Recent Property Cases Read more

Edlington Properties Limited v J H Fenner & Co Limited

The Message In the absence of any special provision, a tenant has no right to pursue its current landlord for damages for any breaches by a previous landlord. The Case In Edlington Properties Limited v J H Fenner & Co Limited (22 March 2006) the Court of Appeal dealt with the important issue as to […]

22nd Mar 2006 Recent Property Cases 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’s too much […]

26th Aug 2005 Speakers Corner Read more