Top 3 Cases April 2023
In this series of articles, we aim to highlight 3 of the most interesting cases in our field decided in the past month. This month: costs of proceedings to determine breach of covenant; the limits of Upper Tribunal’s jurisdiction under s.84, and the meaning of ‘live/work’.
Read More...Download: Top 3 Cases April 2023
Rent during Covid-19: landlords still hold the strongest hand
Kester Lees offers some reassurance to commercial landlords fearing rent suspensions as a result of the pandemic.
Read More...Download: Rent during Covid-19: landlords still hold the strongest hand
Witness actions – press on … or pause for breath?
On 20 March 2020 the Lord Chief Justice issued guidance on the future conduct of trials, including a statement that hearings, including trials and witness action, should take place whenever possible, even if that meant that one, several, or all of the participants attended remotely. “Final hearings and hearings with contested evidence very shortly will inevitably be conducted using technology. Otherwise, there will be no hearings and access to justice will become a mirage.”
Read More...Download: Witness actions – press on … or pause for breath?
Priorities of Interests in Registered Land
How to protect an interest on the Register of Title. The rules under Land Registration Act 2002 (LRA 2002) governing the priority of such proprietary interests (13 October 2003). The methods of altering the priorities of interests.
Read More...Download: Priorities of Interests in Registered Land
Lessons to be learnt from M&S
Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited [2015] UKSC 72 is set to be the leading authority on (i) the law of implied terms, (ii) the operation of break clauses, and (iii) apportionment of rent payable in advance, for some time to come.
Read More...Download: Lessons to be learnt from M&S
Adverse Possession
How long must be the "reasonable belief" last?
Read More...Download: Adverse Possession
Service Charge Determination
Since 30 September 2003, the principal jurisdiction of the Leasehold Valuation Tribunal ('LVT') has been the determination of whether and the extent to which a service charge is payable by a residential tenant to a landlord or management company.
Read More...Download: Service Charge Determination
Mortgagees Remedies in a Shaky Market
Part of the Falcon Chambers Seminar Series 2014
Read More...Download: Mortgagees Remedies in a Shaky Market
