Articles

Valley View v NHS Property Services Ltd [2022] EWHC 1393

Edwin Johnson J has handed down judgment in Valley View v NHS Property Services Ltd [2022] EWHC 1393. Jonathan Gaunt QC, Nathaniel Duckworth and Gavin Bennison acted for the successful landlord in these five ‘test cases’ which considered whether GP tenants are liable to pay service charges to their NHS landlord.

• Jonathan Gaunt KC

Wells v Devani

Supreme Court ruling reinforcing oral agreements. First published on Lexis online.

• Tricia Hemans

Restrictive Covenants & Injunctions

How to understand the former and avoid the latter

• Nathaniel Duckworth KC

Whose agent are you anyway?

Tricia Hemans and Roisin McGlinn (an associate solicitor at TLT LLP) consider common arguments raised by borrowers against LPA Receivers

• Tricia Hemans

Landlord’s development of retained parts

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 interest is of part of a property or complex in multiple occupation, such risks typically arise from the occupation of the other parts of the property.

• Caroline Shea KC

The Potential Impact of Business Rates on Landlords’ Schemes of Development

If at first you don't succeed........

• Janet Bignell KC

Old meets new

Forfeiture: modern issues with an established remedy. Catherine taskis & Anthony tanney investigate.

• Anthony Tanney

Valuation issues in terminal dilapidations

Some thoughts on the legal aspects of the valuation conundrums.

• Martin Dray

Landlords’ Consents

Alienation, alterations and use

• Adam Rosenthal KC

The misty world behind Land Registration

For Land Registration, the misty world of what one sometimes might wish to describe as reality, should be of limited effect. Despite the aims of the Land Registration Act 2002, however, difficult cases remain. First published in Central London Lawyer.

• Cecily Crampin

When Service Charges Attack

This paper is intended to suggest some coping strategies for those of us who must, from time to time, untangle service charge disputes.

• Oliver Radley-Gardner KC

Mortgages and insolvency

The task of understanding how such a mortgage is affected by the detailed insolvency regime is not an easy one.

• Stephanie Tozer KC

“It was wrongly decided…....”

A paper presented to the DLA Piper UK LLP Training Day on 18th May 2017 by Guy Fetherstonhaugh QC

• Guy Fetherstonhaugh KC

Lending decisions - impact on professional negligence claims

In this article, Stephanie Tozer explores the judge’s criticisms of a lending decision in the recent case of Governors and Company of the Bank of Ireland v Watts Group plc [2017] EWHC 1667, and the effect of the decision.

• Stephanie Tozer KC

The Rights of Light Act 1959

A fiction too far?

• Janet Bignell KC

The Landlord’s intention under the 1954 Act

A paper given to the PLA in Manchester

• Philip Sissons

Adverse Possession

How long must be the "reasonable belief" last?

• Kester Lees KC

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.

• Kester Lees KC

Civil Procedure Update, July 2017

Phil Sissons considers the following topical issues: The Business and Property Courts; No relief from Mitchell; A new protocol for debt claims; and Costs on the small claims track

• Philip Sissons

The Art of the possible: changing lease terms on renewal

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?

• Oliver Radley-Gardner KC

New World Occupiers and Market Disruptors

The Digital Age in the property world

• Wayne Clark KC

On the Receiving end

Receivers and possession, Cecily Crampin and Tricia Hemans suggest looking past the agency device. This article was first published in the New Law Journal on 22nd March 2019.

• Cecily Crampin

The Jackson Reforms

A retrospective on relief from sanctions and cost budgeting since 1st April 2013

• Joseph Ollech

A Very Bold Fraudster

In a recent appeal arising out of a property fraud a long time ago, the Upper Tribunal determined that the fraudster was not able to claim adverse possession of the property to defeat the true owner’s claim to have it back, even if he had been in possession for more than 12 years prior to 2003.

• Stephanie Tozer KC

Ups and Downs of Demises

Airspace; Leases; Subsoils; Subterranean space. Article first published in L&T Review.

• Janet Bignell KC

Home or Away

Jurisdictional issues in claims relating to overseas property.

• Mark Galtrey

The Vogue for Side Letters and the need to follow new fashions

Vivienne Westwwod Ltd v Conduit Street Development Ltd [2017] EWHC 350 (Ch)

• Janet Bignell KC

Dealing with breach of contract

Dealing with a breach of contract. What are the options for the innocent party when the contract is broken? Can they walk away from the deal, when and how?

• Philip Sissons

Renewing a business lease

A step-by-step practical guide

• Stephanie Tozer KC

Dilapidations - Topics of the moment

Leases that impose repairing liability upon tenants create obvious conflicts of interest between landlords and tenants. This conflict has caused disputes over centuries which show no signs of abating.

• Guy Fetherstonhaugh KC

Navigating the Quays to Consent.

Lessons learnt from No. 1 West India Quay (Residential) Limited – v – East Tower Apartments Ltd

• Nathaniel Duckworth KC

Cherry Picking

The Effect of Extrinsic Evidence on the Interpretation of Registered Documents

• Tamsin Cox

Common law advocacy in international arbitrations

An expanded version of Derek Wood's contribution to a panel discussion at the CIArb's conference in Paris, December 2017

Variations to Leases

What are the formalities requirements for variations to leases?

• Greville Healey

Break Notices - White Paper Conference October 2016

• Guy Fetherstonhaugh KC

Index Conference March 2016

Navigating uncharted procedural waters: dealing with un-cooperative parties, natural justice, privilege and other procedural problems

• Nathaniel Duckworth KC

Case Law Kaleidoscope

A selection of property cases decided in 2017 ranging across the piste of property litigation, with decisions on the 1954 Act, statutory notices, easements, restrictive covenants, development agreements, injunctions protecting property rights and strata title.

• Guy Fetherstonhaugh KC

Relief from Forfeiture

A talk Nat Duckworth gave to the PLA

• Nathaniel Duckworth KC

The rise and rise of arbitration

An in-depth look at the changing face of litigation

• Guy Fetherstonhaugh KC

Landlord’s disrepair claims

Essential guidance for tenants

• Anthony Tanney

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.

• Kester Lees KC

Law Commission Land Registration Consultation

Charles Harpum's response to the Law Commission Consultation

• Charles Harpum KC (Hon)

Digital Economy Bill: The New Electronic Communications Code

• Greville Healey

Leasehold Issues Masterclass

Powers of Leasing and the effects of surrender

• Gary Cowen KC

Human Rights and Property Litigation

This talk introduces practitioners to some of the concepts that they will need to be familiar with when dealing with human rights under the European Convention on Human Rights (“ECHR”) as incorporated into our domestic law by the Human Rights Act 1998 (“HRA”).

• Oliver Radley-Gardner KC

Valuation Challenges in Real Litigation

Some common features of typical disputes involving valuation

• Caroline Shea KC

Interpretation of Contracts

First delivered at the Global Law Summit, London February 2015.

• Timothy Fancourt QC

Property Law Update

May 2016.

• Oliver Radley-Gardner KC

The Proposed Electronic Communications Code

An overview and a look at some of the likely issues

• Oliver Radley-Gardner KC

What is a Mineral?

Jonathan Gaunt QC explains the origins of Mineral Rights

• Jonathan Gaunt KC

Legal Issues In Arbitrations

When and how to lake legal advice. A paper for Rural Arbrix Conference, October 2015

• Stephen Jourdan KC

Adverse Possession

A paper given to the PLA in Manchester.

• Martin Dray

Communications Breakdown

What has the new Electronic Communications Code got in store?

• Oliver Radley-Gardner KC