All Analysis articles – Page 7
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AnalysisUnoccupied properties: tax liabilities
Peter Reekie looks at two recent cases which deal with different possible arguments for potentially avoiding liability for rates on unoccupied properties
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Analysis
Pall Mall Investments (London) Ltd v Gloucester City Council
The district judge upheld the respondent local authority’s unoccupied non-domestic rate demand against the appellant company and rejected the appellant’s argument that the properties were exempt on the ground that non-occupation was the result of dilapidations and the state of the properties was such that occupation was prohibited by law. ...
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Analysis
Henderson v Foxworth Investments Ltd and another
Liquidator of the Letham Grange Development Company sought reduction of a security over the Letham Grange resort near Arbroath in Scotland.
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Analysis
Schroder Exempt Property Unit Trust and another v Birmingham City Council
The High Court held that a landlord was liable to pay business rates on an empty property where a liquidator had disclaimed the lease, despite the fact that the landlord had not taken possession of the property and a guarantor under the lease continued to pay the rent.
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AnalysisHome and away: inheritance claims by cohabitants
Lesley King considers an interesting decision on Inheritance Act claims by cohabitants, plus HMRC’s latest proposed changes to the taxation of relevant property trusts.
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AnalysisSpotlight: Martin Retail Group Ltd v Crawley Borough Council
The Central London County Court has held that a permitted use restriction in a lease breached competition law and was therefore unenforceable.
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AnalysisTown and village greens: UKSC overturns House of Lords decision
Peter Reekie looks at a recent attempt to prevent development taking place on vacant land by applying to register it as a town and village green
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Analysis
Lie v Mohile
The Court of Appeal held that a court was wrong to find that a partnership between two medical practitioners had terminated and, accordingly, that an application for a new business tenancy had failed.
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Analysis
R (on the application of Barkas) v North Yorkshire County Council
The Supreme Court considered the issue of whether land in Whitby should be registered as a town or village green under section 15 of the Commons Act 2006.
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Analysis
Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd
The claimant tenant exercised a break clause in its lease with the defendant landlords. The judge implied a term which enabled the tenant to get back that part of the advance payment of rent which related to a period after the break date by when the lease would have been ...
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AnalysisFrustrated wills: it's all about interpretation
Lesley King examines two recent cases in which the High Court considered errors made in the drafting of wills. In the light of the House of Lords’ decision on interpretation in Marley v Rawlings, will the courts now take a more relaxed view?
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Analysis
R (on the application of Andrews) v Secretary of State for Environment, Food and Rural Affairs
In a test case with the potential to affect 500 to 1,000 other public rights of way, the claimant challenged the defendant Secretary of State’s decision, upholding a local authority’s refusal to modify the definitive map of the area to include a public bridleway.
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Analysis
Balevents Ltd v Sartori
The claimants brought proceedings against the defendant, contending that he held registered title in respect of part of a pavement in front of a club on a constructive trust for one of them and that the register should be rectified accordingly.
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AnalysisCoventry v Lawrence and changes to the law of nuisance
Peter Reekie considers the implications of a recent case in relation to how remedies should be applied following the breach of an easements
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AnalysisSpotlight: Marks & Spencer v BNP Paribas
The Court of Appeal has overruled an earlier High Court decision that would have allowed Marks & Spencer to claim back over £1 million in rent and other charges.
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Analysis
Shebelle Enterprises Ltd v Hampstead Garden Suburb Trust Ltd
The claimant tenant issued proceedings to restrain the defendant trust from consenting to substantial development, allegedly interfering with its right to quiet enjoyment under its lease. The judge dismissed the application and the claimant appealed.
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Analysis
Barclays Wealth Trustees (Jersey) Ltd v Erimus Housing Ltd
The Court of Appeal overturned a High Court decision that a tenant, which remained in occupation of commercial premises after its lease had expired, did so on the basis of an implied annual periodic tenancy, and held it was instead a tenancy at will.
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AnalysisSpotlight: E.Surv v Goldsmith Williams Solicitors
The High Court rules on the terms of the ‘Bowerman duty’ around enquiries in a residential conveyancing transaction
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AnalysisThe Siemens case and the wording of break clauses
Peter Reekie looks at the Siemens Hearing Instruments Ltd v Friends Life case, which related to the position in respect of wording in a break clause, that had no apparent purpose
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Analysis
Simon v Byford
The claimant’s mother had died and left her estate in equal shares to her four children. The claimant had challenged the will on the basis that the mother had not had testamentary capacity.