Recent Property Litigation
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AnalysisWords matter – interpreting clauses in a lease
Andrew Francis considers the recent judgment of the Supreme Court in Sara & Hossein Asset Holdings Limited v Blacks Outdoor Retail Limited [2023] UKSC 2 (“Sara & Hossein”) on interpreting clauses in a lease concerning service charge payments
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AnalysisProprietary estoppel – what is the proper remedy?
Jennifer Meech considers the Supreme Court decision in Guest v Guest [2022] UKSC 107 and the proper remedy for a claim in proprietary estoppel
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FeatureLeaps and boundaries
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
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AnalysisFriends with benefits? Identifying beneficial owners in complex structures
Kate Andrews considers a High Court case which involved identifying the beneficial owner of a property, so that a judgment debt could be enforced.
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AnalysisHow’s it looking? Grounds for refusing planning consent
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.
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AnalysisCourt of Appeal overlooks the case of Fearn & Others
Kate Andrews reviews a dismissed appeal concerning private nuisance between neighbours and the Tate Modern Gallery.
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AnalysisLicence to drain: Supreme Court grants relief from forfeiture to licensee
Relief from forfeiture may be granted to those with a possessory and/or a proprietary interest in the land, the Supreme Court has ruled.
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FeatureThe best intentions
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
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FeatureMending fences
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
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AnalysisTake it easy: what qualifies as an easement?
Kate Andrews considers how the Supreme Court has expanded the law of easements in relation to leisure and amusement in a recent appeal decision.
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FeatureParty politics
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
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FeatureAfter the fire
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
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AnalysisWild west partnerships: who owns what?
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.
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AnalysisSpotlight: 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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FeatureWarning signs
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
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FeatureCase in point
Faiza Ahmad and Lucie-Anne Rhodes provide an update on some recent cases and changes to legislation affecting the property sector
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AnalysisSpotlight: EMI Group Ltd v O&H Q1 Ltd [2016] EWHC 529 (Ch)
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 industry ...
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FeatureProperty case law update
Lucie-Anne Rhodes, a Solicitor at Hamlins LLP, provides an update on some recent cases and legislation changes affecting the property sector.
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AnalysisSpotlight: Marks & Spencer v BNP Paribas [2015] UKSC 72
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
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AnalysisSpotlight: E.Surv v Goldsmith Williams [2015] EWCA Civ 1147
Kevin O’Brien, director and head of lender services at JCP Solicitors, comments on this recent Court of Appeal decision, likely to be of particular interest to lenders, and to solicitors acting for lenders