Recent Property Litigation

  • storm drain outlet
    Analysis

    Licence to drain: Supreme Court grants relief from forfeiture to licensee

    2019-11-21T16:58:00Z

    Relief from forfeiture may be granted to those with a possessory and/or a proprietary interest in the land, the Supreme Court has ruled. 

  • Scheme of works being kicked out of court
    Feature

    The best intentions

    2019-03-12T11:05:00Z

    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

  • Richard Bagwell
    Feature

    Mending fences

    2019-03-12T10:48:00Z

    Newspapers are always full of stories of escalating disputes between neighbours. But nuisance doesn’t need to be about noise – as shown by a recent case on Japanese knotweed. Richard Bagwell provides a short guide to remedies for nuisance

  • Swimming pool
    Analysis

    Take it easy: what qualifies as an easement?

    2018-12-11T11:10:00Z

     Kate Andrews considers how the Supreme Court has expanded the law of easements in relation to leisure and amusement in a recent appeal decision.

  • Andrew Smith
    Feature

    Party politics

    2018-12-05T10:25:00Z

    With residential extensions becoming more popular, conveyancers are more likely to encounter works authorised under the Party Wall Act 1996. Andrew Smith explains how the act works and offers some practice points

  • Oliver Pannell
    Feature

    After the fire

    2018-12-05T10:24:00Z

    Following the Grenfell fire, freeholders and leaseholders are facing significant difficulties in ensuring their homes are safe and that defective cladding is replaced. Oliver Pannell provides an update on the government’s response and recent case law

  • shaking-hands
    Analysis

    Wild west partnerships: who owns what?

    2018-10-01T14:00:00Z

    Jennifer Meech looks at the case of Wild v Wild [2018] EWHC 2197 (Ch) to help unravel ownership when profits are shared but property is not.

  • property boundary fence
    Event

    Webinar: Property litigation update 2018 (OnDemand)

    2018-04-09T16:10:00Z

    This webinar looks at the main developments for property litigators over the past year and provides an essential update on procedural and statutory changes.

  • civil lit conference image
    Event

    National property law conference 2017: overcoming challenges in a volatile landscape (11 October) (SRA Competence: A2)

    2017-02-24T12:21:00Z

    This year’s National Property Law Conference, building on your feedback from last year, we’ve produced a programme around the most pressing issues affecting residential and commercial property practitioners. Book by 6 September for our early bird rate!

  • kary withers
    Analysis

    Spotlight: Leaseholders of Foundling Court and O’Donnell Court v London Borough of Camden [2016] UKUT 0366 (LC)

    2016-09-20T10:01:00Z

    The Upper Tribunal (Lands Chamber) has now clarified that superior landlords of residential premises must consult with both their tenants and subtenants prior to carrying out qualifying works or entering into long-term agreements. Kary Withers, partner in Clarke Willmott’s Property Litigation team, explains the significance of the decision for landlords ...

  • Warren Gordon
    Feature

    Warning signs

    2016-09-07T00:00:00Z

    The High Court decision in Purrunsing v A’Court Co is an important judgment on the liability of a seller’s solicitor and buyer’s solicitor where the buyer is the victim of a fraudulent seller. Warren Gordon explains

  • Lucie-Anne Rhodes
    Feature

    Case in point

    2016-09-07T00:00:00Z

    Faiza Ahmad and Lucie-Anne Rhodes provide an update on some recent cases and changes to legislation affecting the property sector

  • douglas rhodes
    Analysis

    Spotlight: EMI Group Ltd v O&H Q1 Ltd [2016] EWHC 529 (Ch)

    2016-04-08T12:20:00Z

    The High Court has confirmed that a tenant cannot assign to its guarantor - prohibited under the Landlord and Tenant (Covenants) Act 1995. Douglas Rhodes, senior associate at Trowers Hamlins, explains why all property practitioners need to be aware of this important decision that rules void a common ...

  • Lucie-Anne Rhodes
    Feature

    Property case law update

    2016-01-18T16:48:00Z

    Lucie-Anne Rhodes, a Solicitor at Hamlins LLP, provides an update on some recent cases and legislation changes affecting the property sector.

  • Mediation image
    News

    Land Registry changes handling of disputed applications

    2016-01-06T16:21:00Z

    From January 2016, Land Registry now allow only six months for a disputed application to be resolved before it is referred to the Land Registration division of the Property Chamber, First-tier Tribunal (the Tribunal).

  • nick levy
    Analysis

    Spotlight: Marks & Spencer v BNP Paribas [2015] UKSC 72

    2015-12-09T09:40:00Z

    Nick Levy, real estate litigation partner at Trowers Hamlins, discusses the last chapter in the long-running Marks Spencer break clause litigation, in which the Supreme Court has held that tenants cannot recover any rent paid in advance when they exercise a break clause

  • kevin obrien
    Analysis

    Spotlight: E.Surv v Goldsmith Williams [2015] EWCA Civ 1147

    2015-12-08T14:37:00Z

    Kevin O’Brien, director and head of lender services at JCP Solicitors, comments on this recent Court of Appeal decision, likely to be of particular interest to lenders, and to solicitors acting for lenders

  • Peter Reekie, commentator
    Analysis

    Challenging the notice to complete

    2015-11-06T15:19:00Z

    In Hakimzay Ltd v Swailes , the High Court considered an attempt by a party that had been served with a notice to complete to evade the enforcement of the contract. Peter Reekie explains why they failed

  • Lucie-Anne Rhodes
    Analysis

    Spotlight: Orientfield Holdings Ltd v Bird & Bird LLP

    2015-09-18T15:44:00Z

    Lucie-Anne Rhodes discusses this recent High Court ruling, in which a firm of solicitors was ordered to pay £1.8 million in damages to its client for failing to disclose relevant information about a property purchase

  • Roger Hardwick
    Analysis

    Spotlight: Arnold v Britton [2015] UKSC 36

    2015-08-04T16:02:00Z

    In a long-awaited judgment on service charges that will be of interest to all residential property practitioners, the Supreme Court has considered the degree to which ‘commercial common sense’ can be deployed in contractual interpretation. Roger Hardwick explains