Submitted by Alan_Riley on Mon, 06/04/2020 - 16:17
In Brar & Brar v Thirunavukkrasu [2019] EWCA Civ 2032, the Court of Appeal has confirmed that the exercise of the Commercial Rent Arrears Recovery (CRAR) procedure will operate to waive a subsisting right to forfeit a lease.
Submitted by Alan_Riley on Mon, 06/04/2020 - 16:10
The Solicitors Regulation Authority introduced new Standards and Regulations on 25 November 2019 to replace the SRA Code of Conduct 2011. The Code of Conduct had itself replaced an earlier 2007 edition and, before that, the old Solicitors Practice Rules 1990.
Submitted by Alan_Riley on Tue, 06/03/2018 - 11:05
When is a covenant not a covenant? Perhaps when the judge decides it is an easement? In the recent case of Churston Golf Club v Haddock [2018] EWHC 347 (Ch), the court interpreted the language of a 1972 conveyance (which, for all the world, appeared to have imposed a covenant) and construed the drafting as having created an easement.
Submitted by Alan_Riley on Sun, 21/05/2017 - 18:19
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.
Submitted by Alan_Riley on Wed, 15/02/2017 - 17:10
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.
Submitted by Alan_Riley on Mon, 31/10/2016 - 21:46
A recent article in the Law Society Gazette (“Bankruptcy in conveyancing”, 1 August 2016) addresses the risks of a sole vendor becoming bankrupt, or subject to bankruptcy proceedings, during a property sale, and considers the extent to which a buyer’s conveyancer might be considered negligent for failing to discover the proceedings.
