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Business leases – landlord fails to establish ground of opposition
Zafiris and another v Liu Court of Appeal, 27 January 2005 (unreported)
Online Published Date:
01 March 2005
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Volume 19 Issue 3 - 01 March 2005
Break clauses and options
Break clauses and options continue to be the source of litigation. The industry uses them widely but plainly, in practice, problems of drafting or implementation arise. We have collected together three recent cases which we hope will be of interest..
Online Published Date:
01 March 2005
Appeared in issue:
Volume 19 Issue 3 - 01 March 2005
Keith Allardyce v Roebuck (Philip) and others [2004] EWHC 1538
The case concerns an option gift in a will and the requirements of the exercise of the option.
The background
The deceased, in his will, gave an option to X to purchase a house for a price of £50,000, which represented a significant discount on..
Online Published Date:
01 March 2005
Appeared in issue:
Volume 19 Issue 3 - 01 March 2005
Surrenders by operation of law – how effective are they?
Unicomp Inc v Eurodis Electron plc [2004] EWHC 979 (Ch)
We bring to readers’ attention three recent cases where implied surrender by operation of law has been considered. In each case it was argued that the landlord had accepted an implied..
Online Published Date:
01 March 2005
Appeared in issue:
Volume 19 Issue 3 - 01 March 2005
The Department for the Environment Food and Rural Affairs v (1) Feakins (Kevin Andrew) (2) Hawkins (Georgina) [2004] EWHC 2735 (Ch)
This case arose out of the foot and mouth outbreak and efforts made by DEFRA to eradicate it. An interesting twist to the defendant farmers’ claim to compensation came about.
The background
A freehold owner of a farm granted a tenancy of it to..
Online Published Date:
01 March 2005
Appeared in issue:
Volume 19 Issue 3 - 01 March 2005
Without prejudice and subject to contract
The property sector, probably more than any other, uses the expressions ‘subject to contract’ and ‘without prejudice’ on a daily basis. Practitioners will often see correspondence submitted by property negotiators bearing one..
Online Published Date:
01 March 2005
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Volume 19 Issue 3 - 01 March 2005
The registration gap – another example of the pitfalls that can trap the unwary and lead to arguments
Scribes West Ltd v Relsa Anstalt and others [2004] EWCA Civ 1744
Online Published Date:
01 March 2005
Appeared in issue:
Volume 19 Issue 3 - 01 March 2005
Planning – mezzanine floors
Northampton Borough Council v (1) First Secretary of State (2) Land Securities Properties Ltd [2005] EWHC 168
Online Published Date:
01 March 2005
Appeared in issue:
Volume 19 Issue 3 - 01 March 2005
Belcourt Estates Ltd v Adesina Court of Appeal, 18 February 2005 (unreported)
In this case the Court of Appeal again confirms the general theme that a positive act is required to evidence an implied surrender.
The background
In brief, a tenancy of business premises was granted in August 2000 to the defendant (A). A vacated..
Online Published Date:
01 March 2005
Appeared in issue:
Volume 19 Issue 3 - 01 March 2005
Keith Allardyce v Roebuck (Philip) and others [2004] EWHC 1538
The case concerns an option gift in a will and the requirements of the exercise of the option.
The background
The deceased, in his will, gave an option to X to purchase a house for a price of £50,000, which represented a significant discount on..
Online Published Date:
01 March 2005
Appeared in issue:
Volume 19 Issue 3 - 01 March 2005
Forfeiture and relief – tangled webs tie up the tenant
Bon Apettito Ltd v Poon (Michael); Speedhold Ltd v (1) Bon Apettito Ltd (2) Cuscani (Alessandro) Newcastle County Court, 18 January 2005 (unreported)
Online Published Date:
01 March 2005
Appeared in issue:
Volume 19 Issue 3 - 01 March 2005
Update
George Wimpey UK Ltd v VI Components Ltd [2005] EWCA 77
Readers will recall that in (2004) 18 Commercial Leases 918 we reported on George Wimpey UK Ltd v VI Components Ltd [2004] EWHC 1374, a case concerning the rectification of a contract for the..
Online Published Date:
01 March 2005
Appeared in issue:
Volume 19 Issue 3 - 01 March 2005