The recently reported case of Walker v Kenley [2008] EWHC 370 (Ch) provides us with this month’s staple diet of a commercial property development dispute arising out of an agreement for overage. Such cases seem to come along at least once a month, highlighting the great potential for…liability where negotiating such agreements. The case concerned the entitlement of Mr and Mrs Kenley to receive an overage payment following their sale of the Treyarnon Bay Hotel, near Padstow, North Cornwall. Sadly for the Kenleys, because the developer turned the site into holiday flats rather than private residences, no overage was payable. Read more.
Property PSL