12 results
Fraudulent (deceit) and negligent misstatements concerning property
It is oftentimes the case that deceit or negligent misstatement can be made to parties in relation to property. These can cause very serious financial losss. A contract is voidable (rescinded at the option of the Claimant) where a party to the contract entered into it in reliance on a more...
ABATING NATURAL NUISANCES:
WHAT STEPS WILL SATISFY THE MEASURED DUTY OF CARE?
INTRODUCTION 1. Where there is a naturally occurring nuisance on a landowner’s land it is now well established that he will owe a “measured duty of care” to adjoining landowners who are affected by it. 2. What is meant by a “measured duty of care” in broad terms is a duty that reflects the more...
13 Oct 2020 16:26
Property possession proceedings resume – What next?Property possession proceedings resume – What next? The stay of proceedings in possession cases, which has been in operation since 26 March 2020, has now come to an end as of 21 September 2020. Although proceedings are now underway once again, the courts are having to deal with a substantial backlog more...
13 Mar 2019 10:06
And now for something completely different: Canary Wharf (BP4) T1 Ltd and others v European Medicines Agency [2019] EWHC 335 (Ch)A property blog should provide comforting reading material to which the keen property lawyer may resort by way of distraction from what is going on in the outside world: a refuge from the overload of information which in these days of rolling 24-hour news and screen-addiction would otherwise prove more...
23 Jan 2019 09:15
Supreme Court confirms commercial tenant’s statutory right to a renewal leaseThe Supreme Court has confirmed, in the case of S Franses Ltd v Cavendish Hotel (London) Ltd [footnote 1], that a landlord cannot oppose a tenant’s right to renew its tenancy on the grounds of redevelopment or reconstruction if there would be no intention to carry out the proposed works should the more...
1 Nov 2018 16:52
Hardwicke celebrates yet more excellent results in Chambers UK Bar Directory 2019Hardwicke is celebrating excellent results in the newly released Chambers UK Bar Directory 2019 with new recommendations in Commercial Dispute Resolution, Restructuring & Insolvency and Real Estate Litigation. Several members also moved up a band in the areas they were recommended. Hardwicke more...
30 Oct 2018 15:18
“Hardwicke is a first division operation with great strength in depth” – Hardwicke achieves excellent results in Legal 500 2018Hardwicke is delighted to report excellent results in the 2018 edition of Legal 500. A new recommendation as a leading set for Insurance and Reinsurance has been added to Hardwicke’s recommendations as a leading set for Construction, Personal Injury, Professional Negligence, Property Litigation and more...
19 Oct 2018 08:53
Trespass: obtaining injunctions against “persons unknown”In recent years there have been a spate of trespass cases involving so-called “urban explorers”. Broadly, a group of individuals, having breached security measures, gain access to particular (often iconic) sites or buildings and record their activities, which are then posted onto social media. The more...
11 Oct 2018 09:51
Disclosure in civil litigation: All change please, all change!First published in The In-House Lawyer magazine autumn edition. From 1 January 2019, a mandatory pilot scheme will operate in the Business and Property Courts across England and Wales, ushering in a new era of disclosure management in civil litigation. Walker Morris’ Head of Commercial Dispute more...
9 Oct 2018 09:06
Restrictions on the use of land under Inclosure Awards: how can they be modified or avoided?Answer: with some difficulty. Introduction This article aims to explain: Briefly, the background to Inclosure Awards; How such awards they might give rise to restrictions on the use of land; and How those restrictions might be modified or discharged/avoided, if a different use is desired for the 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...
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