All Analysis articles – Page 6

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  • Peter Reekie, commentator
    Analysis

    A new easement

    2016-01-22T15:22:00Z

    Is it possible to have an easement to use things like a tennis court or a golf course and to do so for free? This was the main issue in our case this month, Regency Villas Title Ltd v Diamond Resorts  (Europe) Ltd  [2015] EWHC 3564 (Ch).

  • Cait Sweeney NEW
    Analysis

    Thevarajah v Riordan [2015] UKSC 78

    2016-01-18T17:06:00Z

    An important decision from the Supreme Court that has reaffirmed that a party who has failed to obtain relief from sanctions cannot make another application without demonstrating a change in circumstances

  • Lesley King new
    Analysis

    Rectifying the situation

    2016-01-14T15:17:00Z

    Lesley King considers a recent High Court decision that provides a useful reminder of the availability to trustees of the section 48 procedure under the Administration of Justice Act 1985.

  • Peter Reekie, commentator
    Analysis

    Talking shop

    2015-12-14T09:30:00Z

    Peter Reekie considers Jewelcraft Ltd v Pressland , in which the Court of Appeal has clarified what is a ‘house’ for the purposes of enfranchisement under the Leasehold Reform Act 1967.

  • Warren Gordon
    Analysis

    Property Section committee end of year review

    2015-12-11T15:06:00Z

    We speak to Property Section committee members Myfanwy McDonagh and Philip Askew, and chair of the land law and conveyancing committee Warren Gordon, about their experiences of 2015, and what’s on the horizon for 2016

  • Lesley King new
    Analysis

    Only strong evidence can rebut presumption of due execution

    2015-12-09T12:01:00Z

    The High Court has confirmed existing case law on the level of evidence required to rebut the presumption of due execution of a will that conforms with section 9 of the Wills Act 1837. Lesley King explains more

  • 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

  • Fionnuala Lynch
    Analysis

    Spotlight: Autumn statement 2015

    2015-11-27T13:09:00Z

    Fionnuala Lynch, t ax partner at Hamlins LLP, comments on the property headlines in this week’s autumn statement

  • Patrick Connolly
    Analysis

    Spotlight: Autumn Statement 2015

    2015-11-26T14:27:00Z

    Patrick Connolly explains the key financial planning points from this year’s autumn statement

  • Lesley King new
    Analysis

    Missing, presumed dead

    2015-11-09T17:17:00Z

    Lesley King rounds up the latest private client developments, including a proprietary estoppel case and Lord Lucan’s son’s move to have his father declared officially dead under the Presumption of Death Act

  • 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

  • car park
    Analysis

    Supreme Court dismisses ParkingEye appeal: our analysis

    2015-11-05T09:03:00Z

    In the first review of the law of penalties in a century, the Supreme Court has found in favour of ParkingEye 6-1. Cait Sweeney considers the implications of this hugely significant judgment

  • Cait Sweeney NEW
    Analysis

    Hallows v Wilson Barca LLP (2015)

    2015-10-30T11:02:00Z

    This case is only available as a summary on Lawtel at present, but suggests that the duties imposed on public bodies by the Freedom of Information Act 2000 can be relevant to the common law doctrine of legal professional privilege

  • Rainbow flag
    Analysis

    Pensions blow for same-sex couples

    2015-10-13T09:25:00Z

    The Court of Appeal has ruled that civil partners’ spouses are not entitled to pension benefits accrued before December 2005

  • Lesley King new
    Analysis

    Ramsay v Ramsay: capacity does not have to be perfect

    2015-10-13T09:05:00Z

    Lesley King discusses Ramsay v Ramsey  [2015] All ER (D) 32 (Sep), the latest in a long line of wills made by elderly people that has been challenged by one or more of their children on the basis of lack of testamentary capacity

  • Cait Sweeney NEW
    Analysis

    Kerins v Heart of England NHS Foundation Trust (unreported, 31 July 2015)

    2015-10-07T15:32:00Z

    The court considered whether the conduct of the claimant’s solicitors had been unreasonable or improper within the meaning of CPR 44.11, conduct that included the intentional failure to disclose the existence of a CFA

  • Peter Reekie, commentator
    Analysis

    Chalet or chattel?

    2015-09-30T11:54:00Z

    In Spielplatz Ltd v Pearson , the Court of Appeal had to decide whether a chalet was a chattel or had become part of the land on which it was situated. Peter Reekie explains

  • Cait Sweeney NEW
    Analysis

    British Airways plc v Spencer (Trustees of the Airways Pensions Scheme) [2015] EWHC 2477

    2015-09-28T15:43:00Z

    The High Court considers the meaning and purpose of CPR 35.1, and provides guidance on when expert evidence is ‘reasonably required’

  • Analysis

    Morshead Mansions Ltd v Di Marco

    2015-09-22T15:47:00Z

    Topics Landlord and tenant – Service charge – Flat Alternative Citations [2014] EWCA Civ 96 Hearing Date 12 February 2014 Court Court of Appeal, Civil Division Judge Lord Justice Patten, Lord Justice Lewison and Lady Justice Sharp Representation Mark Tempest (instructed by the Bar Pro ...