Commentary – Page 3
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Feature
What's my share?
Peter Reekie comments on the beneficial interest discussion in Insol Funding Company Ltd v Cowlam [2017] EWHC 1822 (Ch).
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Feature
Clash of neighbours
Peter Reekie comments on what began as a neighbour dispute over a gas meter - Dickinson v Casillas [2017] EWCA Civ 1254.
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Feature
Private eyes
Peter Farrington, vice president of the Association of British Investigators, explains how private investigators can be a valuable asset for a solicitor dealing with possession proceedings, and gives some tips on building an effective working relationship.
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Feature
Accessing neighbouring land via easement
In Gore v Naheed [2017] EWCA Civ 369, Peter Reekie looks at how additional land may benefit from an easement.
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Analysis
Follow your lease to the letter
In TGC Pubs Ltd [2017] EWHC 772 (Ch), the High Court considered whether a letter given to the landlord constituted the grant of an option to purchase, as required by the lease and whether a subsequent request to assign had been properly made.
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News
The Homelessness Reduction Act 2017 - catching mammoths with straw nets?
Daniel Fitzpatrick, partner at Hodge Jones & Allen, discusses the Homelessness Reduction Act 2017.
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Feature
Off-plan property development: a risky business
Eason and another v Wong [2017] EWHC 209 (Ch) – under certain circumstances a lien is applicable to a buyer’s deposits, making them a secured creditor, when a seller liquidates.
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Feature
Mortgage fraud: spotting the warning signs
Peter Rodd has been leading our series of fraud and cybersecurity seminars taking place until the end of June. Here, he shares a real-life example of mortgage fraud and the warning signs that the conveyancer failed to spot.
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News
Side letters: a cause for concern
Peter Reekie looks at the recent case of Vivienne Westwood Ltd v Conduit Street Development Ltd [2017] EWHC 350 (Ch).
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News
Sale of land – breach of contract
The Court of Appeal reviewed if there was a breach of contract in, Savills (UK) v Blacker and another [2017] EWCA Civ 68.
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Analysis
Is an oral contract for the sale of land enforceable?
In Matchmove Ltd v Dowding, the High Court was asked to decide whether an oral contract for the sale of land is enforceable.
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Analysis
A costly mistake: Artist Court Collective Ltd v Khan
Overlooking the pre-emption rights of the owners of residential flats as set out in the Landlord and Tenant Act 1987 (LTA 1987) can be a costly mistake for property owners, warns Peter Reekie.
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Analysis
Spotlight: 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.
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Analysis
Where liability lies: acting for fraudsters
The High Court has recently considered the liability of solicitors and estate agents who acted for a fraudulent seller. Peter Reekie explains
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Analysis
Danger for solicitors where seller is a fraudster: P and P Property Ltd
Warren Gordon outlines the recent case of P&P Property Limited v (1) Owen White and Catlin LLP (2) Crownvent Limited t/a Winkworth, in which the seller was a fraudster
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Analysis
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 ...
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Analysis
Lidl to worry about: the Pallant v Morgan equity revisited
Some quarters of the legal press have been panicked about the recent outcome of a High Court judgment relating to a proposed joint venture property agreement which revisted the rules around a Pallant v Morgan trust. Mark Hughes explains why there is actually nothing to worry about…
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Analysis
Breaking up is hard to do?
Peter Reekie discusses a High Court decision which delivers a stark reminder for landlords of the strict requirements for serving a valid break notice, and how it is easy to get it wrong.