Charlotte Brasher discusses The Vache Farm decision which brings welcome news for landowners on rental levels and the inclusion of re-development break clauses in telecoms leases. Case Name, Reference and BAILII link EE Limited and Hutchison 3G Limited v. AP...
Commercial Property
Construction Law – Collateral Warranties
In this article, Peta Dollar examines a UK Supreme Court ruling that collateral warranties are not "construction contracts" under the Housing Grants, Construction and Regeneration Act 1996. As a result, disputes over these warranties cannot be referred to adjudication...
High Court Clarifies Scope of Mines and Minerals Reservation in North Yorkshire Land Case
Ian Quayle discusses a High Court case on the interpretation of a reservation of mines and minerals in land conveyances from 1946-1947 in North Yorkshire. The case centred on whether potash and salt fell within this reservation, considering the historical and...
Contract Interpretation Dispute – Overage Provisions and Legal Determination
Peta Dollar discusses a legal case involving the interpretation of poorly drafted contract provisions, specifically whether disputes over legal issues related to overage provisions should be decided by the courts or an independent surveyor. Case name,...
Navigating the path; Exploring Rights of Way
Kulraj Kaila reviews a court case involving a dispute over a right of way on a commercial property, where the claimant sought to reinstate a concrete platform. It highlights the court's interpretation of CPR rules concerning money claims and injunctions, ultimately...
How I Started My Business
Issues on Your PII Underwriter’s Radar for 2024
When preparing for your next PII renewal it is always useful to know what issues might be troubling your underwriter. Here’s what the solicitors’ PII team at Howden Insurance Brokers expect will be on the radar for 2024. Property Market/Conveyancing Insurers are...
Profits a Prendre – An Overview
Chloe Lake considers the intricate legal concept of Profits à Prendre in her insightful article. Providing a comprehensive overview, she navigates the complexities of this legal framework, shedding light on its implications and applications. Lesser-known than...
How to do a lease renewal – part 1
Commercial Property
Article contributed by Ian Quayle Ian Quayle discusses an interesting case dealing with a number of issues including the interpretation of a joint venture agreement, the use of a unilateral notice to protect an equitable charge and the application of S42(1)(a)...