CPI Update 124 - June 2014

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For subscribers, the June 2014 issue of the CPI Update appears attached below, and deals with the following cases:

  • Marks And Spencer Plc v BNP Paribas Securities Services – are rent repayment terms to be implied into a break clause?
  • Friends Life Management Services v A&A Express Building Ltd – what is a tenant’s service charge liability in the year of a break?
  • Barkas, R (on the application of) v North Yorkshire CC – council recreation grounds: “as of right” user, or use “by right”?
  • Wood v Waddington – implied easements on a transfer of part?
  • Lie v Mohile – how does section 41A LTA 1954 apply to partnerships?
  • Iceland Foods Ltd v Castlebrook Holdings Ltd – length of term on a lease renewal.
  • Best v The Chief Land Registrar – criminal trespassing does not preclude adverse possession.
  • Northumbrian Water Ltd v Sir Robert McAlpine Ltd – negligence and nuisance claims where concrete seeps into drains from foundation shafts.

In addition, there is coverage of:

  • Subterranean trespassing and the fracking consultation.
  • DEFRA consultation on discharges from septic tanks.
  • The SRA Consultation on minimum compulsory professional indemnity insurance levels.
  • Should landlords allow an assignment of a lease to a tenant's guarantor?
  • How do under-tenants enforce superior landlord covenants?
  • Land Registry: new Form RQ(Co) for fraud prevention.
  • Land Registry: new procedure for documents accompanying applications.
  • Land Registry: various Practice Guides withdrawn.

Published on 1 June 2014.