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...
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Commercial Property
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...
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)...
Commercial Leases – Appeal Against Order for Possession
Article contributed by Sarah Thompson-Copsey Appeal against order for possession Case name, reference and Bailii link Selfridge Estate Ltd v Winchester Property Ltd [2023] EWHC 1945 (KB) https://www.bailii.org/ew/cases/EWHC/KB/2023/1945.html ...
Document Drafts, Disputes and Overage
Article contributed by Ian Quayle An interesting Upper Tribunal decision, which, although it is a commercial property case, has explored several issues for residential conveyancers and commercial property lawyers. It examines – The need for caution in...
Reform of the Landlord and Tenant Act 1954
Article contributed John Mousicos - Trowers and Hamlins LLP The Landlord and Tenant Act 1954 (1954 Act) is a fundamental piece of legislation governing the relationship between landlord and tenant. It consists of two parts: Part I, which deals with the...