Recent Property Litigation – Page 2

  • Peter Reekie, commentator

    Challenging the notice to complete


    In Hakimzay Ltd v Swailes, the High Court considered an attempt by a party that had been served with a notice to complete to evade the enforcement of the contract. Peter Reekie explains why they failed

  • Lucie-Anne Rhodes

    Spotlight: Orientfield Holdings Ltd v Bird & Bird LLP


    Lucie-Anne Rhodes discusses this recent High Court ruling, in which a firm of solicitors was ordered to pay £1.8 million in damages to its client for failing to disclose relevant information about a property purchase

  • Roger Hardwick

    Spotlight: Arnold v Britton [2015] UKSC 36


    In a long-awaited judgment on service charges that will be of interest to all residential property practitioners, the Supreme Court has considered the degree to which ‘commercial common sense’ can be deployed in contractual interpretation. Roger Hardwick explains

  • Ben Roberts colour

    Spotlight: Project Blue Ltd v HMRC


    Ben Roberts discusses the first test case involving the application of section 75A of the Finance Act 2003, an anti-avoidance SDLT provision, and its implications for SDLT planning

  • David Smith

    Spotlight: Edwards v Kumarasamy


    The Court of Appeal’s recent interpretation of section 11 of the Landlord and Tenant Act 1985 has broadened the repairing obligations of landlords

  • Paul Sagar

    Spotlight: Charalambous v Ng


    In yet another twist in the tale of tenancy deposits, the Court of Appeal has been presented with another scenario not clearly addressed by the relevant legislation or existing case law

  • Peter Reekie, commentator

    Supreme 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

  • Paul Sagar

    Spotlight: Co-operative Bank plc v Phillips


    The High Court has considered the circumstances in which possession proceedings commenced by a lender will be considered collateral to its powers.

  • Fighting chance image

    Fighting chance


    What happens when a party objects to a land registration or is involved in a dispute? Nadia Abed runs through the role of Land Registry and the First-tier Tribunal (Property Chamber) in the dispute process

  • Peter Vaines

    Blessed relief?


    Iles v HMRC is the latest in a series of claims for the capital gains tax private residence exemption. But, as Peter Vaines explains, it is becoming increasingly difficult to determine whether a property is a ‘residence’ at al

  • Jane Plant

    Nuisance act


    The Anti-social Behaviour, Crime and Policing Act 2014 reforms the remedies available to tackle with anti-social behaviour, including the introduction of injunctions to prevent nuisance and annoyance. Jane Plant looks at the key provisions impacting landlords and tenants

  • Ben Roberts

    Spotlight: CLP Holding Co Ltd v Singh and Kaur


    The Court of Appeal considered whether purchasers of VAT-opted freehold property were contractually liable to pay VAT on the purchase price.

  • Analysis

    Pall Mall Investments (London) Ltd v Gloucester City Council


    The district judge upheld the respondent local authority’s unoccupied non-domestic rate demand against the appellant company and rejected the appellant’s argument that the properties were exempt on the ground that non-occupation was the result of dilapidations and the state of the properties was such that occupation was prohibited by law. ...

  • Analysis

    Schroder Exempt Property Unit Trust and another v Birmingham City Council


    The High Court held that a landlord was liable to pay business rates on an empty property where a liquidator had disclaimed the lease, despite the fact that the landlord had not taken possession of the property and a guarantor under the lease continued to pay the rent.

  • Sarah Livestro

    Spotlight: Martin Retail Group Ltd v Crawley Borough Council


    The Central London County Court has held that a permitted use restriction in a lease breached competition law and was therefore unenforceable. 

  • Peter Reekie, commentator

    Town 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 

  • Peter Reekie, commentator

    Coventry 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

  • Richard Flenley

    Spotlight: 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.

  • Shail Patel

    Spotlight: E.Surv v Goldsmith Williams Solicitors


    The High Court rules on the terms of the ‘Bowerman duty’ around enquiries in a residential conveyancing transaction

  • Peter Reekie, commentator

    The 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