Kate Andrews
Kate Andrews is a partner in the real estate litigation team at Hamlins LLP.
AnalysisRecreational restrictions
Kate Andrews looks at the case of Bath Rugby Ltd v Greenwood and Others and Bath Recreation Ltd [2021] EWCA Civ 1927 regarding the enforceability of an historic restrictive covenant on a recreation ground.
AnalysisCommercial service charges – when are they reasonable?
Kate Andrews looks at the case of Criterion Buildings Ltd v Mckinsey and Company Inc. United Kingdom and another [2021] EWHC 216 (Ch) concerning the apportionment of service charges by the landlord in relation to the Criterion Building at Piccadilly Circus.
AnalysisChallenging claims of rent arrears post Covid-19
Kate Andrews looks at some novel defences to an application for rents payable under a lease of commercial premises in the case of Commerz Real Investmentgesellschaft mbH v TFS Stores Limited [2021] EWHC 863 (Ch).
AnalysisFriends with benefits? Identifying beneficial owners in complex structures
Kate Andrews considers a High Court case which involved identifying the beneficial owner of a property, so that a judgment debt could be enforced.
AnalysisHow’s it looking? Grounds for refusing planning consent
Kate Andrews looks at the case of 89 Holland Park Management Ltd v Hicks [2020] EWCA Civ 758, where the Court of Appeal reviewed the grounds for reasonably refusing consent under a restrictive covenant.
AnalysisCourt of Appeal overlooks the case of Fearn & Others
Kate Andrews reviews a dismissed appeal concerning private nuisance between neighbours and the Tate Modern Gallery.
AnalysisLicence to drain: Supreme Court grants relief from forfeiture to licensee
Relief from forfeiture may be granted to those with a possessory and/or a proprietary interest in the land, the Supreme Court has ruled.
AnalysisVirtual reality – rating valuations based on imaginary tenants
The estimated value of an unoccupied property can be based on the general demand for similar properties in the area.
AnalysisBrexit: a continuing cause of frustration?
Kate Andrews comments on a case where the court refused a claim that Brexit would frustrate an organisation’s 25-year lease.
FeatureThe best intentions
The recent case of S Franses Ltd v The Cavendish Hotel, which hinged on whether the landlord had the intention of redeveloping a property, has significant implications for commercial landlords and tenants. Kate Andrews explains
AnalysisTake it easy: what qualifies as an easement?
Kate Andrews considers how the Supreme Court has expanded the law of easements in relation to leisure and amusement in a recent appeal decision.
AnalysisIn need of a break: constructing break clause pre-conditions
Kate Andrews considers whether the case of Goldman Sachs International v Procession House Trustee Ltd is a shift away from the norm when construing break clauses.
FeatureServing section 146 notices: get the timing right
Landlords must comply with contractual pre-conditions before serving notice on a tenant.
AnalysisSpotlight: No 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd
This recent High Court decision of No 1 West India Quay [2016] EWHC 2438 (Ch) will impact on landlords and tenants in situations where tenants want to assign a lease and a landlord wishes to or has refused consent. Kate Andrews, partner at Hamlins, analyses the judgment in more detail.