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Cases Real Estate

Avocet Industrial Estates LLP v Merol Ltd & Tudor Rose International Ltd (2011)

Judgment Date: 19 Dec 2011

There had been no requirement that a landlord make a demand for default interest due under a commercial lease for that debt to become due and payable by a tenant. In the circumstances, the tenant's failure to pay default interest invalidated a break notice as the debt had remained unpaid as of the break date.

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Practice areas
Real Estate

Patrick Francis v F Berndes Ltd & Ors (2011)

Judgment Date: 15 Dec 2011

A master had correctly concluded that a letter relating to the sale of freehold premises had not complied with the Law of Property (Miscellaneous Provisions) Act 1989 s.2 because it had not identified the purchaser and had failed to incorporate the obligation to purchase the property.

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Paratus AMC Ltd & RMAC 2005 NS1 Plc v Countrywide Surveyors Ltd (2011)

Judgment Date: 14 Dec 2011

In assessing the retrospective market valuation of a property a valuation method which relied upon comparable sales evidence obtained from the Land Registry for the period immediately prior to the historical valuation was to be preferred to one which primarily relied upon the application of a price per square metre to the floor area of the property.

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Persimmon Homes Ltd v Woodford Land Ltd (2011)

Judgment Date: 28 Nov 2011

The parties had intended the court to decide questions of construction of the terms of an option agreement upon which a rectification claim depended, despite the apparent width of a dispute resolution clause in the agreement which provided for any disagreement to be referred for determination by an expert.

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Louis Glatt v Nigel Heath Sinclair (2011)

Judgment Date: 23 Nov 2011

A substantial price difference between the sale price of a property and that of its immediate subsequent sale was sufficient evidence to justify permission for a breach of duty action against a receiver.

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Members
Edmund Cullen QC

Practice areas
Real Estate

London Tara Hotel Ltd v Kensington Close Hotel Ltd (2011)

Judgment Date: 22 Nov 2011

A hotel owner had acquired a right of way by prescription over a private roadway, having openly used it without permission for over 20 years. The hotel owner was entitled to rely upon the use of the roadway by third parties, such as coach drivers, in its claim for a prescriptive right.

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Practice areas
Real Estate

Berrisford v Mexfield Housing Co-Operative Ltd (2011)

Judgment Date: 09 Nov 2011

As a matter of contractual interpretation, an occupancy agreement between a mutual housing association and one of its members, which was expressed to be "from month to month until determined" could not be determined simply by a month's notice to quit. The agreement, although incapable of being a tenancy by virtue of its uncertain duration, was treated as a tenancy for life at common law and therefore took effect as a 90-year lease determinable either on the tenant's death or in accordance with its express termination provisions.

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Practice areas
Real Estate

Re Thames Valley Holdings Ltd (2011)

Judgment Date: 16 Aug 2011

The Upper Tribunal (Lands Chamber) determined that a freeholder's application for the modification of restrictive covenants which impeded its proposed housing development should not be struck out as an abuse of process. Although similar applications had been refused in previous years, the freeholder had a realistic prospect of showing that the circumstances had changed to an extent that might lead the tribunal to reach a different decision.

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Members

Practice areas
Real Estate

Cleaver & Ors v Schyde Investments Ltd (2011)

Judgment Date: 29 Jul 2011

The judge was entitled to hold that the Standard Conditions of Sale (4th edition) 7.1.3 was not fair and reasonable in the circumstances and was therefore of no effect by virtue of the Misrepresentation Act 1967 s.3 and the Unfair Contract Terms Act 1977 s.11 with the result that a purchaser of land was entitled to rescind the contract of sale.

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Dineshkumar Jeshang Shah v Chandrakant Jeshang Shah (2011)

Judgment Date: 26 Jul 2011

The court determined the valuations of assets held by a company in which a minority shareholder had been unfairly prejudiced so that the shareholder could realise the value of his shares.

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Amble Assets v Longbenton Foods (2011)

Judgment Date: 21 Jul 2011

Where there was a provision in an agreement to purchase a property requiring forfeiture of monies already paid by way of part-payment on the occurrence of the forfeiting event, relief from forfeiture might be available in equity as a matter of the court's discretion if, and to the extent that, it would be unconscionable to allow the forfeiture to take effect.

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Members

Practice areas
Real Estate

Rees v Peters (2011)

Judgment Date: 21 Jul 2011

On its true construction, and in the light of subsequent events, a clause contained in a 1957 conveyance entitled the successors in title to the benefit of a restrictive covenant contained in that original conveyance.

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Practice areas
Real Estate

Baljit Singh Bhandal v Irish Nationwide Building Society (2011)

Judgment Date: 18 Jul 2011

An amendment to a claim to alter the capacity of the claimant claimed from a personal one to a representative or derivative one was permitted, as the new representative claim arose out of the same or substantially the same facts as the existing claim.

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Members
David Mumford QC

Practice areas
Real Estate

Neale v Whitney Electric Theatre (2011)

Judgment Date: 15 Jul 2011

A judge had not erred in exercising his discretion when determining interim rent under the Landlord and Tenant Act 1954 s.24D.

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Practice areas
Real Estate

Chief Land Registrar v Leonard Stuart Silkstone (2011)

Judgment Date: 14 Jul 2011

The adjudicator to HM Land Registry had discretion to grant or refuse a party's application to withdraw from a reference under the Land Registration Act 2002 s.73(7) upon such terms as he considered just. However, a party could not bring the reference to an end by unilateral withdrawal.

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Practice areas
Real Estate

Tetra Pak Limited v Oracle Corporation UK Limited (2011)

Judgment Date: 01 Jul 2011

An application for an interim injunction preventing a lessor from blocking vehicular access to the front of office premises was refused where there were significant safety concerns for pedestrians, and an alternative means of vehicular access to the premises, although less visually attractive, was available.

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Members
Philomena Harrison

Practice areas
Real Estate

In The Matter Of Frontsouth (Witham) Ltd (In Administration) (2011)

Judgment Date: 30 Jun 2011

The Insolvency Rules 1986 r.7.55 could not be used to cure a fundamental defect in the appointment of administrators such as a failure to obtain the consents required by statute for the extension of the appointment.

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Eaton Mansions (Westminster) Ltd v Stinger Compania De Inversion SA (2011)

Judgment Date: 18 May 2011

A judge had been entitled to find that a tenant had no reasonable prospect of defending a claim for trespass made by a head lessee concerning the tenant's installation of air-conditioning units on the roof of a block of flats. The freeholder and head lessee would not have consented to the installation of the units and the tenant had no right under the lease to place anything on the roof.

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Members
James Hanham

Practice areas
Real Estate

Roger Williams & Ors v Redcard Ltd & Ors (2011)

Judgment Date: 20 Apr 2011

A document purporting to sell a company's freehold interest in residential property did not require use of the words "by or on behalf of" the company in order to be validly executed. The requirements in the Companies Act 2006 s.44(4) concerning the proper execution of documents were satisfied by the terms of the sale agreement which included definitions of "seller" and "purchaser" and bore the signatures of two authorised signatories.

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