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Articles

Restricted development: Good faith obligations in development agreements; and the Court’s inherent jurisdiction to alter the register

The recent High Court decision in Quay House Admirals Way Land Ltd and another v Rockwell Properties Ltd [2022] EWHC 545 (Ch) raises and answers interesting questions about interim remedies, good faith obligations, and the inherent jurisdiction of the Court to order the alteration of the register, all of which will be of interest to all property litigators.

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When can I get possession? Can I get it forthwith?

Cecily Crampin and Thomas Rothwell consider the circumstances in which it is possible to obtain an order for possession forthwith by reference to the recent decision in Axnoller Events Ltd v Brake [2022] EWHC 459 (Ch)

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Update on the Commercial Rent (Coronavirus) Bill

Elizabeth Fitzgerald and Imogen Dodds have provided an update on the Commercial Rent (Coronavirus) Bill.

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Tell me everything…but don’t overdo it

Martin Dray has written an article on the recent decision in SPS Groundworks & Building Ltd v Mahil. The case concerned a dispute relating to land bought at auction. The defendant purchaser refused to complete. The claimant then sold the land at a lower price to someone else and claimed the difference in price from the defendant. The claimant won at trial but the defendant was successful on appeal. The case raises issues as to when a vendor must speak, and what a vendor should not say. Martin provides a summary here.

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W (No.3) GP (Nominee A) Limited and another v JD Sports Fashion plc

Gary Cowen QC instructed by John Kittle of DLA Piper LLP acted for the successful tenant, JD Sports Fashion plc. Jonathan Ross, a commercial property litigation Partner of Forsters LLP, caught up with Gary with some follow up questions on this interesting lease renewal case.

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