121 results
7 Feb 2018 15:16
Cap JulucaDavid Phillips QC has appeared in the Eastern Caribbean Court of Appeal sitting in St Vincent on appeal from the High Court of Anguilla. The appeal is the latest stage of the multi-facetted Cap Juluca dispute which has occupied courts and arbitrators in a variety of proceedings since 1991 in more...
7 Feb 2018 14:38
S Franses Ltd v The Cavendish Hotel (London) LtdGuy Fetherstonhaugh QC and Nicholas Taggart of Landmark Chambers are instructed to represent the Cavendish Hotel in S Franses Ltd v The Cavendish Hotel (London) Ltd in forthcoming appeals in both the Court of Appeal and the Supreme Court. Among the issues raised by the proceedings are (1) what more...
"New for Old": New terms in renewed leases under the Landlord and Tenant Act 1954 require good reasons
Summary In the absence of agreement, the terms of any new lease to be granted under the provisions of Part II of the Landlord and Tenant Act 1954 are to be determined by the court in accordance with sections 32 to 35 of that 1954. The cases show that: New ancillary rights may be added where they more...
BREAK CLAUSES AS TRAPS FOR THE UNWARY:
10 PRACTICAL POINTS CONCERNING EFFECTIVE COMPLIANCE
Introduction 1. In a difficult market there will often be nothing so valuable to a commercial tenant as the ability to extract itself from an onerous lease by exercising a right to break. For a landlord short of suitable (solvent) tenants the loss of a tenant can be particularly damaging and it will more...
29 Jan 2018 14:34
Court of Appeal decision in Mundy v Trustees of the Sloane Stanley EstateOn 24 January 2018, the Court of Appeal upheld the decision of the Upper Tribunal (Lands Chamber), which had rejected the Parthenia model of relativity in valuing new lease claims under the Leasehold Reform, Housing and Urban Development Act 1993. Parthenia had controversially claimed that a more...
24 Jan 2018 15:43
Starham v Greene KingThis case turned on whether a right to use land was an easement, a restrictive covenant or a licence. Stephen Jourdan QC, leading Toby Watkin, acted for the successful claimant. In 2014, Starham bought a piece of land on the Harrow Road. Most of the land was being used as a beer garden by the more...
24 Jan 2018 15:38
Burnley Hall LLP v Domicilium Limited (Chancery Division, 14 November 2017)Burnley Hall brought a claim for specific performance of a put option agreement. The agreement was part of a broader transaction by which the claimant, a limited liability partnership, entered into a joint venture for the development of student accommodation. The venture was entered into on more...
24 Jan 2018 15:13
Mahmut v Jones (Court of Appeal, 30 November 2017, Arden, Lewison and Beatson LJJ)Mahmut v Jones (Court of Appeal, 30 November 2017, Arden, Lewison and Beatson LJJ) Anthony Radevsky acted for the successful Respondents in a case under Part I of the Landlord and Tenant Act 1987. The Appellants had purchased the freehold of a building from a landlord who had failed to give the more...
24 Jan 2018 15:11
O’Connor (Senior) v The Proprietors, Strata Plan No.51 [2017] UKPC 45Guy Fetherstonhaugh QC and Martin Dray appeared for the successful respondent in an appeal to the Privy Council from the Court of Appeal of the Turks and Caicos Islands concerning an issue of considerable interest and significance in relation to the short-term use of units in a residential more...
24 Jan 2018 15:09
Sinclair Gardens Investments (Kensington) Ltd, Re George Court [2017] UKUT 494 (LC)Oliver Radley-Gardner appeared for the successful appellant landlord in Sinclair Gardens Investments (Kensington) Ltd, Re George Court [2017] UKUT 494 (LC) (judgment here: The appeal concerned the FTT’s approach to valuation of a lease extension The Upper Tribunal (P McCrae FRICS) agreed that the more...
24 Jan 2018 15:07
Re Midland Freeholds Ltd and Speedwell Estates Ltd’s appeals [2017] UKUT 463 (LC)Anthony Radevsky acted for the successful Appellants in 7 conjoined appeals heard by the Upper Tribunal (Lands Chamber). The appeals were from decisions of the First-tier Tribunal involving flats in the West Midlands. Each case concerned the valuation of a new lease under the Leasehold Reform, more...
CONFLICTS OF INTEREST -
A training paper for RICS Scotland 23 March 2017
CONFLICTS OF INTEREST A training paper for RICS Scotland (Note 1) 23 March 2017 Introduction 1. Rent review clauses in leases routinely provide for disputes as to the rent upon review to be decided in default of agreement by a third party agreed by the parties or appointed by the President of the more...
“It was wrongly decided…”
A Paper for the DLA Piper UK LLP Training Day 18 May 2017
“It was wrongly decided…” A Paper for the DLA Piper UK LLP Training Day 18 May 2017 Guy Fetherstonhaugh QC FALCON CHAMBERS Introduction 1. The English common law abides by the doctrine of stare decisis: that it is the policy – indeed the duty - of the courts to adhere to principles established by more...
Cherry Picking -
The Effect of Extrinsic Evidence on the
Interpretation of Registered Documents
The principles which apply to the construction and interpretation of ‘ordinary’ contracts, are most famously set out in Investors Compensation Scheme and more recently explored in some other cases. Although Wood v Capita appears to indicate a continued trend in the authorities towards a stricter more...
24 Jan 2018 14:18
Estoppel and Residential LeasesIntroduction 1. I have been asked to take as my topic, estoppel and residential leases. That topic, I presume, has been suggested by a recent spate of decisions in the Upper Tribunal which have applied the doctrine of estoppel by convention in the context of service charge disputes. 2. In those more...
WHOSE AGENT ARE YOU ANYWAY?
WHOSE AGENT ARE YOU ANYWAY? Tricia Hemans and Roisin McGlinn consider common arguments raised by borrowers against LPA Receivers When a borrower enters into default lenders will make every attempt to resolve matters without recourse to court proceedings. However, there will sometimes come a point more...
A VERY BOLD FRAUDSTER
In this article, Stephanie Tozer and Gavin Bennison recount a recent appeal to the Upper Tribunal, and examine what might have happened if a lender had been involved… The Facts A man named Mohammed Rashid (“Mohammed”) bought a property in Birmingham in 1982. In 1989, whilst he was abroad in Pakistan more...
THE ART OF THE POSSIBLE: CHANGING LEASE TERMS ON RENEWAL
Introduction 1. Absent agreement, when can a landlord or a tenant under a commercial lease secure a variation of their existing lease terms on a renewal under the Landlord and Tenant Act 1954? We take a look at some familiar, and a couple of not-so-familiar, issues that might be encountered in more...
Dilapidations -
Topics of the moment
Introduction 1. Leases that impose repairing liability upon tenants create obvious conflicts of interest between landlords, who expect their premises to be returned to them in a fully lettable state, and tenants, who do not expect to have to fund the cost of updated premises which they were never more...
Landlord’s development of retained parts
1. It is well recognised that occupying property under a leasehold interest carries inherent risks arising from the fact that other competing, and in some cases superior, interests might interfere with or jeopardise the enjoyment of the premises under such leasehold occupation. Where the leasehold more...
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