All articles by Peter Reekie – Page 2
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AnalysisChalet or chattel?
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
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AnalysisCommercial sense? Arnold v Britton and service charges
The Supreme Court has considered whether a service charge clause in leases of holiday chalets should be interpreted as obliging the tenants to pay a fixed sum with a fixed annual increase
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AnalysisBlurred boundaries
The Court of Appeal in Wood v Waddrington has confirmed the approach the court will take with regards to the operation of section 62 of the Law of Property Act 1925 in relation to the creation of easements
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AnalysisThe right to an indemnity: Swift reaches the Court of Appeal
In what circumstances may registered chargees be entitled to an indemnity under schedule 8 to the Land Registration Act 2002?
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AnalysisAll change for landlords' repairing obligations?
Peter Reekie considers a case which addresses the extent of a landlord’s repairing obligations where only part of a building is let
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AnalysisWhat you see is what you get
Hardy v Griffiths is a salutary reminder to carry out a survey before, and arrange an inspection of, the property as close to exchange of contracts as possible
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AnalysisSupreme Court upholds decision on breach of trust damages to lenders
The Supreme Court has dismissed an appeal made by AIB Group for compensation for both an error made by a law firm, plus all its other losses, following breach of trust in a remortgage transaction
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AnalysisThe end of the Dolphin Square saga?
In Westbrook Dolphin Square Ltd v Friends Life Ltd, we consider the validity of a scheme that was partly designed to facilitate an enfranchisement claim under the provisions of the Leasehold Reform, Housing and Urban Development Act 1993.
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AnalysisGiving a guarantee on an intra-group transfer
Tindall Cobham 1 Ltd v Adda Hotels shows that it is possible to apply the principles of construction to save the valid elements of a covenant by pruning away the bad sections
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AnalysisTroublesome lease clauses
Recently, the most troublesome lease clauses have been those dealing with termination – specifically break rights. I consider two recent high profile cases that illustrate this point.
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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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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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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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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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AnalysisCourt of Appeal holds law firm accountable for lender's loss
Peter Reekie outlines the findings in the recent case around potential breach of negligence where a law firm is caught out by a fraudster
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AnalysisServing a section 21 notice - good news for landlords
Peter Reekie examines a recent case clarifying the required notice to terminate a type of assured shorthold tenancy
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