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Enforceability of a verbal agreement
  • Squire Patton Boggs
  • United Kingdom
  • March 21 2013

A contract for the sale or other disposition of an interest in land can only be made in writing and only by incorporating all the terms that the


Canonical confirms the need for contractual certainty in the context of break clauses
  • Squire Patton Boggs
  • United Kingdom
  • March 21 2013

Case law surrounding the operation of break clauses continues to develop rapidly, with the outlook at present not being too sunny for tenants


Renewing business lease terms any good reason to change?
  • Squire Patton Boggs
  • United Kingdom
  • March 21 2013

You might think that market traders would be used to getting things their own way, and that is probably true when it comes to selling things like


Actions may often be louder than words
  • Squire Patton Boggs
  • United Kingdom
  • August 3 2009

Whether a landlord has accepted a surrender of a lease will depend more on the landlord’s actions rather than its intentions or what it says


Vacant possession: just how vacant does it need to be?
  • Squire Patton Boggs
  • United Kingdom
  • September 30 2009

Many tenants' break clauses require, as a condition before the break is effective, the tenant to give vacant possession of the premises at the break date


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


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


(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


Extending powers of sale Court of Appeal refuses to include missing words
  • Squire Patton Boggs
  • United Kingdom
  • September 28 2012

In the Court of Appeal decision of Cherry Tree Investments Limited v Landmain Limited, the Court considered the interpretation of a legal charge registered under the Land Registration Act 2002