Recent Property Litigation

  • X-ray doctor
    Analysis

    Expert evidence – a cautionary tale?

    2021-11-16T13:27:00Z

    Jennifer Meech considers the recent Court of Appeal decision in Peter Griffiths v TUI (UK) Limited [2021] EWCA Civ 1442 and the implications that it has for all litigation that involves expert evidence.

  • block of flats
    Analysis

    Disrepair or structural defect - what if works address both?

    2021-04-22T10:27:00Z

    Jennifer Meech considers the recent Court of Appeal decision in The Mayor and Commonalty and Citizens of the City of London v Various Leaseholders of Great Arthur House [2021] EWCA Civ 431 and the implications that it may have for landlords and tenants of ex-local authority housing.

  • Boundaries: man looking at blue sky through hole in brick wall
    Feature

    Leaps and boundaries

    2021-03-09T12:03:00Z

    There is anecdotal evidence that boundary disputes have been on the rise during the pandemic, as we all spend more time at home. Will Oakes looks at why these disputes are so common and how they can be resolved without court involvement 

  • Shaking hands over desk
    Analysis

    Friends with benefits? Identifying beneficial owners in complex structures

    2020-11-10T16:48:00Z

    Kate Andrews considers a High Court case which involved identifying the beneficial owner of a property, so that a judgment debt could be enforced.

  • Miniature house ornament in garden
    Analysis

    How’s it looking? Grounds for refusing planning consent

    2020-07-13T13:03:00Z

    Kate Andrews looks at the case of 89 Holland Park Management Ltd v Hicks [2020] EWCA Civ 758, where the Court of Appeal reviewed the grounds for reasonably refusing consent under a restrictive covenant.

  • blavatnik-building-tate-modern-london-600x400
    Analysis

    Court of Appeal overlooks the case of Fearn & Others

    2020-03-23T09:31:00Z

    Kate Andrews reviews a dismissed appeal concerning private nuisance between neighbours and the Tate Modern Gallery.

  • storm drain outlet
    Analysis

    Licence to drain: Supreme Court grants relief from forfeiture to licensee

    2019-11-21T16:58:00Z

    Relief from forfeiture may be granted to those with a possessory and/or a proprietary interest in the land, the Supreme Court has ruled. 

  • Scheme of works being kicked out of court
    Feature

    The best intentions

    2019-03-12T11:05:00Z

    The recent case of S Franses Ltd v The Cavendish Hotel , which hinged on whether the landlord had the intention of redeveloping a property, has significant implications for commercial landlords and tenants. Kate Andrews explains

  • Richard Bagwell
    Feature

    Mending fences

    2019-03-12T10:48:00Z

    Newspapers are always full of stories of escalating disputes between neighbours. But nuisance doesn’t need to be about noise – as shown by a recent case on Japanese knotweed. Richard Bagwell provides a short guide to remedies for nuisance

  • Swimming pool
    Analysis

    Take it easy: what qualifies as an easement?

    2018-12-11T11:10:00Z

     Kate Andrews considers how the Supreme Court has expanded the law of easements in relation to leisure and amusement in a recent appeal decision.

  • Andrew Smith
    Feature

    Party politics

    2018-12-05T10:25:00Z

    With residential extensions becoming more popular, conveyancers are more likely to encounter works authorised under the Party Wall Act 1996. Andrew Smith explains how the act works and offers some practice points

  • Oliver Pannell
    Feature

    After the fire

    2018-12-05T10:24:00Z

    Following the Grenfell fire, freeholders and leaseholders are facing significant difficulties in ensuring their homes are safe and that defective cladding is replaced. Oliver Pannell provides an update on the government’s response and recent case law

  • shaking-hands
    Analysis

    Wild west partnerships: who owns what?

    2018-10-01T14:00:00Z

    Jennifer Meech looks at the case of Wild v Wild [2018] EWHC 2197 (Ch) to help unravel ownership when profits are shared but property is not.

  • civil lit conference image
    Event

    National property law conference 2017: overcoming challenges in a volatile landscape (11 October) (SRA Competence: A2)

    2017-02-24T12:21:00Z

    This year’s National Property Law Conference, building on your feedback from last year, we’ve produced a programme around the most pressing issues affecting residential and commercial property practitioners. Book by 6 September for our early bird rate!

  • kary withers
    Analysis

    Spotlight: Leaseholders of Foundling Court and O’Donnell Court v London Borough of Camden [2016] UKUT 0366 (LC)

    2016-09-20T10:01:00Z

    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 ...

  • Warren Gordon
    Feature

    Warning signs

    2016-09-07T00:00:00Z

    The High Court decision in Purrunsing v A’Court Co is an important judgment on the liability of a seller’s solicitor and buyer’s solicitor where the buyer is the victim of a fraudulent seller. Warren Gordon explains

  • Lucie-Anne Rhodes
    Feature

    Case in point

    2016-09-07T00:00:00Z

    Faiza Ahmad and Lucie-Anne Rhodes provide an update on some recent cases and changes to legislation affecting the property sector

  • douglas rhodes
    Analysis

    Spotlight: EMI Group Ltd v O&H Q1 Ltd [2016] EWHC 529 (Ch)

    2016-04-08T12:20:00Z

    The High Court has confirmed that a tenant cannot assign to its guarantor - prohibited under the Landlord and Tenant (Covenants) Act 1995. Douglas Rhodes, senior associate at Trowers Hamlins, explains why all property practitioners need to be aware of this important decision that rules void a common ...

  • Lucie-Anne Rhodes
    Feature

    Property case law update

    2016-01-18T16:48:00Z

    Lucie-Anne Rhodes, a Solicitor at Hamlins LLP, provides an update on some recent cases and legislation changes affecting the property sector.

  • 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