All Property articles – Page 37
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FeatureThe early bird
The upturn in the commercial property market has seen pre-letting come once again to the fore. Stephen Boyle explains how it works, and what commercial property solicitors need to know when drawing up pre-let leases
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FeatureEnergy bar
Prospective legislation in the Energy Act 2011 could mean that from April 2018 landlords cannot let environmentally inefficient properties. Karin Horsley and Joanne Anderton outline the steps to take now
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News
New capital allowances practice note
From 1 April 2014 for corporation tax payers and 6 April for income tax payers, capital allowances, which allow for tax relief for fixtures in property, must be identified and documented at the point at which commercial properties are bought or sold, or they will be lost forever. ...
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FeatureAfter the flood
Insurance for properties at risk of flooding has been uncertain since the end of the ‘Statement of Principles’ last year. The new ‘Flood Re’ arrangement seems to offer light at the end of the tunnel, but, asks Jo Morgan , will it be fit for purpose?
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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
Coventry v Lawrence
The claimants brought a nuisance action against the defendant in respect of the noise generated by motor sports conducted on their land.
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Analysis
Xenakis v Birkett Long LLP
Issues arising upon the uptake of occupation prior to the formal completion of a lease.
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Analysis
Santander UK plc v R.A. Legal Solicitors
The Court of Appeal ruled that a law firm’s departure from best practice played a material part in the loss suffered by a lender, and therefore it would not be fair to grant the law firm any relief from liability for breach of trust under section 61 of the Trustee ...
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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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Analysis
Adamson & Others v Paddico (267) Ltd and Taylor v Betterment Properties (Weymouth) Ltd
Two appeals from decisions of the Court of Appeal concerning applications made by the respective landowners under section 14 of the Commons Registration Act 1965 to rectify the register of town and village greens
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Analysis
Pillar Denton Ltd v Jervis
The Court of Appeal considered whether rent due under a lease between the landlord and a company in administration should be deducted as an expense of the administration.