Recent Property Litigation

  • Miniature house ornament in garden

    How’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.

  • blavatnik-building-tate-modern-london-600x400

    Court of Appeal overlooks the case of Fearn & Others


    Kate Andrews reviews a dismissed appeal concerning private nuisance between neighbours and the Tate Modern Gallery.

  • storm drain outlet

    Licence 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. 

  • Scheme of works being kicked out of court

    The 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

  • Richard Bagwell

    Mending fences


    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

    Take 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.

  • Andrew Smith

    Party politics


    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

    After the fire


    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

    Wild west partnerships: who owns what?


    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

    Webinar: Property litigation update 2018 (OnDemand)


    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

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


    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

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


    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

    Warning signs


    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

    Case in point


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

  • douglas rhodes

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


    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

    Property case law update


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

  • Mediation image

    Land Registry changes handling of disputed applications


    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

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


    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

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


    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

    Challenging the notice to complete


    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