Recent news

The pain of settlement: the EMI case and the 1995 Act

There was universal disappointment amongst those with an interest in commercial certainty and sensible development of the law when it was discovered that there was to be no appeal hearing in the case of EMI Group Ltd v O & H Q1 Ltd [2016] EWHC 529 (Ch). The parties have reached a settlement agreement.

Getting away with a deliberate breach of covenant (subject to compensation)

It is usually the case that deliberate, unlawful conduct (for example, a wilful breach of a restrictive covenant, or the deliberate interference with an easement) is likely to be punished in judicial proceedings. However, this was not the outcome in the recent case of Millgate Developments Ltd & others v Smith & The Alexander Devine Children’s Cancer Trust [2016] UKUT 515 (LC).

Codes for Completion: moving with the times; the Dreamvar case

The recent case of Dreamvar (UK) Limited v Mishcon de Reya & Anor [2016] EWHC 3316 (Ch) has caused alarm bells to ring in the offices of property lawyers. It involves a multiplicity of claims brought by a defrauded purchaser of property in London, against its own solicitors, and also against the solicitors acting for the purported seller. The case explores the responsibilities taken on by solicitors acting on the completion of a property transaction.

Recent CPI Updates

Apportioning rent: Marks and Spencer plc v BNP Paribas

One of the features of the recent Supreme Court judgment in Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited [2015] UKSC 72 was the unequivocal approval of the Court of Appeal decision in Ellis v Rowbotham [1900] 1 QB 740 on the liability of a tenant to pay, in full, rent reserved quarterly in advance.

Why landlords should really think about securing a release

The recent case of Reeves & Downing v Sandhu (2015) Ch D 13/01/2015 demonstrates why it really is a good idea for a landlord to seek a release from further liability to its tenant where the reversion is transferred.

Reliance upon a Professional Consultant's Certificate in new-builds

What is the usefulness to a buyer of the type of Professional Consultant's Certificate in new-build conveyancing referred to in the CML Handbook?

Recent Q&A

What is meant by the phrase “public auction” in the exceptions to section 2 LP(MP)A 1989?

What is meant by the phrase “public auction” in the exceptions to section 2 LP(MP)A 1989? Is an online property auction a public auction?

Notice to Quit under s27(2) L&T Act 1954

1. Can a tenant serve Notice to Quit by e-mail when holding over on a commercial lease?
2. Do the Lease provisions or statutory provisions on Notices govern service in such cases?

Does an easement include a right to make a roadway?

Is it a rule of law that, where land has the benefit of a right of way, the dominant owner enjoys implied right to construct a useable road over the servient land?

Recent CPI Archives

CPI Update 161 - October 2017

The October 2017 issue of the CPI Update deals with the following cases:

  • VAT on recharged property searches - Brabners LLP v Revenue & Customs Commissioners;
  • Implied terms in an overage agreement - Sparks v Biden;
  • Unilaterally altering the route of an easement - Lea v Ward;

...and many more...

CPI Update 160 - September 2017

The September 2017 issue of the CPI Update deals with the following cases:

  • Is motive relevant when using ground (f)? - S Franses Ltd v The Cavendish Hotel (London) Ltd;
  • What is the vertical extent of a highway? - Southwark LBC & The City of London v Transport for London;
  • Ensuring a landlord’s lender consents to a surrender - The Co-operative Bank plc v Hayes Freehold Ltd (in liq.);

...and many more...

CPI Update 159 - July 2017

The July 2017 issue of the CPI Update deals with the following cases:

  • Is the benefit of covenants annexed to retained land? Sutton and East Surrey Water Plc v Kirby;
  • Development, section 106 agreements and overage - Minerva (Wandsworth) Ltd v Greenland Ram (London) Limited; 
  • Assigning the benefit of contracts - General Nutrition Inv. Co. v Holland And Barrett Int. Ltd;

...and much more...