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Results: 1-10 of 26

The truth, the whole truth and nothing but the truth?
  • Squire Patton Boggs
  • United Kingdom
  • March 24 2010

In May 2008 the Property Litigation Association produced a draft pre-action protocol for the conduct of dilapidation claims


Supreme Court sanctions public recreation on private golf courses
  • Squire Patton Boggs
  • United Kingdom
  • March 24 2010

The Supreme Court has ruled in R (on the application of Lewis) v Redcar and Cleveland Borough Council and Another that where land which formed part of a golf course was also used by local residents for informal recreation (principally dog walking), the use by the public was sufficient to allow the land to be registered as a Village Green under the provisions of the Commons Act 2006 (the "Act"), thus creating permanent recreational rights for the public including, to walk dogs, picnic, fly kites, and play ball games


Where does rent rank now in administration?
  • Squire Patton Boggs
  • United Kingdom
  • March 24 2010

In the event of a tenant becoming insolvent, it is clearly important for a landlord to know where rent payable ranks in administration


How does summary judgment work in contested lease renewal claims?
  • Squire Sanders Hammonds
  • United Kingdom
  • June 21 2011

The recent case of Somerfield Stores Limited v Spring (Sutton Coldfield) Limited (in Administration) addresses the question of whether a tenant in contested lease renewal proceedings can use summary judgment as a tactical weapon to reduce the time available for a landlord to prove its ground of opposing the grant of a new lease


Personal break clauses: the impact of the Linpac mouldings case
  • Squire Sanders Hammonds
  • United Kingdom
  • June 21 2011

The recent Court of Appeal decision in Norwich Union and Pensions v Linpac Mouldings Ltd reinforces the principle that, once a tenant with the benefit of a personal break clause assigns a lease, in the absence of very clear wording to the contrary that break clause cannot later be exercised by the former tenant even if the lease is subsequently re-assigned to him


(Some) relief for residential valuers Court of Appeal overturns Scullion decision
  • Squire Sanders Hammonds
  • United Kingdom
  • September 21 2011

In what will come as a welcome relief to residential surveyors (and their insurers), the Court of Appeal has now overturned the controversial decision of the High Court in Scullion v Bank of Scotland plc (ta Colleys) in which the High Court held that a residential surveyor owed a duty of care to a buy-to-let investor is respect of future rental yield


Misrepresentation: how far can a seller rely on the Standard Conditions of Sale to exclude liability?
  • Squire Sanders Hammonds
  • United Kingdom
  • September 21 2011

It is common practice for a seller of property to attempt to limit his liability for misrepresentation as much as possible


Rent reviews does delay mean a landlord will be out of time?
  • Squire Sanders Hammonds
  • United Kingdom
  • September 21 2011

Rent review clauses are a common feature in leases


Unearthing restrictive covenants: a consideration for developers carrying out construction work
  • Squire Sanders Hammonds
  • United Kingdom
  • September 21 2011

In Perkins the Lands Tribunal refused to modify a restrictive covenant to allow a developer to build a new house on his land


Rent review assumptions
  • Squire Patton Boggs
  • United Kingdom
  • December 19 2011

In good or bad economic times determining the rent payable under a commercial lease is of the utmost importance to both landlords and tenants