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Articles

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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Is it a House?

In a recent case in which Adam Rosenthal QC appeared for the successful lessees, Mortimer & Others v Eco Chic Limited (Judgment – 10 January 2022), the Court considered whether the Leasehold Reform Act 1967 applies to holiday homes.

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New Telecoms case on valuation under the 1954 Act

In the first case County Court judgment reported this year, EE Limited and Hutchison 3G Limited v Morriss and ots [2022] EW Misc 1 (CC), Judge Rodger QC gave further guidance on the correct approach. Stephanie Tozer QC, who appeared for the operators provides a short summary.

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Saville-Edells v Jain (County Court/FTT 15 December 2021)

Joe Ollech, instructed by John May of TWM Solicitors, appeared for the tenant in this recent 1954 Act lease renewal decision, concerned with rental levels pre and post pandemic. Jonathan Ross of Forsters LLP, a commercial property litigation Partner, caught up with Joe with some follow up questions on the case that are likely to be of practical interest to commercial L&T litigators.

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