Recent Property Litigation – Page 2
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AnalysisChallenging 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
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AnalysisSpotlight: 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
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AnalysisSpotlight: 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
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AnalysisSpotlight: 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
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AnalysisSpotlight: 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
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AnalysisSpotlight: 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
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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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AnalysisSpotlight: 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.
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FeatureFighting 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
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FeatureBlessed 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
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FeatureNuisance 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
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AnalysisSpotlight: 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.
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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. ...
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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.
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AnalysisSpotlight: 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.
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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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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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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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