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Cases Real Estate

Cravecrest Ltd v Trustees of the Will of the Second Duke of Westminster & Ors (2013)

Judgment Date: 19 Jun 2013

In determining the price to be paid by a nominated purchaser under the Leasehold Reform, Housing and Urban Development Act 1993 for intermediate leases between the freehold and the leases of the participating tenants, the tribunal was to take into account the development value that could be realised if a single owner of the intermediate leases chose to develop the property for use other than as a building containing separate flats.

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Members
Timothy Dutton QC

Practice areas
Real Estate

Paul Newbold & Ors v Coal Authority (2013)

Judgment Date: 23 May 2013

The Lands Tribunal had been entitled to conclude that damage notices given under the Coal Mining Subsidence Act 1991 s.3 were valid.

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Practice areas
Real Estate

JD Wetherspoon PLC v Jason Harris & Ors (2013)

Judgment Date: 17 May 2013

A public house operator had more than a fanciful chance of establishing at trial that its agent had been dishonest and in breach of fiduciary duty by acting for another party in finding suitable property that it might well have wanted to buy. Further, most of a statement by a defence witness based on facts derived from documents and containing argument and submissions would be struck out as an abuse, as the witness had only indirect knowledge and was not an expert.

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Hammersmatch Properties (Welwyn) Ltd v Sain-Gobain Ceramics & Plastics Ltd (2013)

Judgment Date: 14 May 2013

The court determined a number of issues arising out of a dilapidations claim and held that the damages payable to the landlord for the tenants' breach of their repairing obligations would be limited by the Landlord and Tenant Act 1927 s.18(1) to the diminution in value of the reversion.

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Practice areas
Real Estate

Deutsche Bank (Suisse) SA v Gulzar Ahmed Khan (2013)

Judgment Date: 25 Apr 2013

Where a bank sought its costs incurred in debt and possession proceedings against individual and corporate defendants, costs were awarded on a joint and several basis and an indemnity basis. The case was run was on the basis that effectively all the defendants were in it together and were presenting a common front, and the contract referred to an indemnity in respect of all costs.

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Twinmar Holdings Ltd v Klarius UK Ltd & Ors (2013)

Judgment Date: 19 Apr 2013

In a dilapidations claim, the court determined that rooflights which had become so degraded as to lose some of their translucence were no longer in good and substantial repair and condition as required by the lease. It also discussed, in obiter comments, the essential characteristics of a window for the purposes of a commercial lease.

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Practice areas
Real Estate

Morshead Mansions Ltd v Mactra Properties Ltd (2013)

Judgment Date: 10 Apr 2013

Where a tenant had obtained summary judgment against its landlord in relation to the accounting years 2004 to 2006 but not the accounting year 2003, and the evidence showed that the consideration of 2003 added nothing to the costs of the summary judgment application, the correct percentage reduction in an assessment of costs was 10 per cent.

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Practice areas
Real Estate

Sabrina Soon Duck Park Kim v Chasewood Park Residents Ltd (2013)

Judgment Date: 26 Mar 2013

The reference to "no ground rent to pay" in a letter from a residents' association to tenants concerning the possibility of acquiring the reversion of a residential development concerned only a potential benefit which might come from a purchase of the reversion and was not a clear representation for the purpose of inducing tenants to support the purchase. Tenants were therefore unable to rely on the letter as estopping the management company from subsequently seeking to recover ground rent from them.

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Practice areas
Real Estate

Horace Parshall v Clara Hackney (2013)

Judgment Date: 26 Mar 2013

Rectification and indemnification were the only remedies for mistakes resulting from concurrent registration of land in two different titles; nobody with registered title to land could, at the same time, establish possessory title, because their occupation of the land would not be unlawful. Time did not, therefore, begin to run for the purposes of adverse possession until rectification had taken place. The Limitation Act 1980 did not apply to the statutory right of rectification.

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Members
Christopher Pymont QC

Practice areas
Real Estate

Sunlife Europe Properties Ltd v Tiger Aspect Holdings Ltd (2013)

Judgment Date: 07 Mar 2013

The court summarised the legal principles applicable to a situation where the landlord of a long lease claimed damages at the expiry of the lease for the cost of remedying dilapidations. The central issue was whether the repair covenants in a 35-year lease would have been met by delivering up the premises with adequately maintained 1970s equipment, or whether the equipment ought to have been upgraded by the tenant in line with modern standards.

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Practice areas
Real Estate

Niklas Zennstrom v Kevin Fagot (2013)

Judgment Date: 21 Feb 2013

The redevelopment of a property had not been carried out during the course of a business in connection with the provision of dwellings so as to make the vendors liable to the purchasers for breach of their duty under the Defective Premises Act 1972 s.1(1).

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Members
Richard Morgan QC

Practice areas
Real Estate

Kutchukian v Free Grammar School of John Lyon (2013)

Judgment Date: 20 Feb 2013

When determining the value of a freehold under the Leasehold Reform, Housing and Urban Development Act 1993 Sch.6 it was not right to apply a discount for legal uncertainty regarding the prospective exercise of rights by the freeholder under s.61. The true construction of the Act had to be determined and the valuation carried out accordingly. The landlord in s.61 meant the party who had granted the new lease under s.56 who, at that stage, would have been the competent landlord as defined in s.40.

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Practice areas
Real Estate

Morshead Mansions Limited v Mactra Properties Limited (2013)

Judgment Date: 15 Feb 2013

The court construed a lease in order to determine the extent of the landlord's obligation to provide its tenants with an account in relation to the service charge payable for each accounting year.

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Members

Practice areas
Real Estate

Lloyds TSB Bank Plc v Crowborough Properties Ltd & Ors (2013)

Judgment Date: 12 Feb 2013

It was appropriate to allow rectification of a Tomlin order made in a bank's action to enforce charges over certain land, because the order did not reflect the parties' common intention as to the bank's rights.

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Alan Wilkinson v Kerdene Ltd (2013)

Judgment Date: 06 Feb 2013

The owner of a holiday village was entitled to enforce positive covenants against bungalow owners in the village, requiring them to make payments in respect of the costs of maintaining the roads, car parks, and recreational facilities in the village. The bungalow owners were successors in title to the covenants, but the payments had a real relation to rights granted in their favour which they continued to exercise, namely use of the facilities.

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Practice areas
Real Estate

Ridgewood Properties Group Ltd v Valero Energy Ltd (2013)

Judgment Date: 30 Jan 2013

Transfers of property had not provided for the seller's positive covenants, concerning the grant of leases conditional on the obtaining of planning permission or on the exercise of an option, to be enforceable against the buyer. The covenants were not annexed to the property under the Landlord and Tenant (Covenants) Act 1995 s.3, as the Act did not apply to options to take a lease that had not been exercised, or to conditional agreements to grant a lease.

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Helena Gorbunova v Boris Berezovsky (aka Platon Elenin) (2013)

Judgment Date: 18 Jan 2013

There was sufficient evidence of a risk that an individual might dissipate assets in which his former partner claimed to have an interest to justify granting an interim freezing injunction without notice. However, since the evidence did not demonstrate that the individual had a general propensity to dissipate assets, but only a risk that he might dissipate particular assets, it was appropriate to reduce the scope of the assets frozen.

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Members
Thomas Grant QC

Practice areas
Real Estate

ANSA Logistics Ltd v Towerbeg Ltd & Ford Motor Co Ltd (2012)

Judgment Date: 18 Dec 2012

The defendant landlord's consent to the grant of underleases of commercial land by the claimant tenant to the third-party motor company had been unreasonably withheld.

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Practice areas
Real Estate

HFI Farnborough LLP & Ors v Park Garage Group PLC & Ors (2012)

Judgment Date: 13 Dec 2012

A deed of variation which was designed to incorporate the terms of an overage agreement into a lease was not intended to vary a break clause in the lease by making its exercise dependent on a valuation of the property in question rather than a sale. Even if the deed of variation did have that effect, it was contrary to the common intention of the parties and ought to be rectified.

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Members
John McGhee QC

Practice areas
Real Estate

Members
Andrew Walker QC

Practice areas
Real Estate

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