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Arbitrator’s powers and duties – awards – terms of the lease
Manchester Associated Mills Ltd v Mitchells & Butler Retail Ltd [2013] CSOH 2 (Lord Malcolm)
Online Published Date:
08 October 2013
Appeared in issue:
Vol 27 Issue 8 - 01 October 2013
Rent review – arbitrator’s award – application to set aside – adequacy of reasons – ‘serious irregularity’ and ‘error of law’
Compton Beauchamp Estates Ltd v James William Mills Spence [2013] EWHC 1101 (Ch) (Morgan J) (1 May 2013)
Online Published Date:
08 October 2013
Appeared in issue:
Vol 27 Issue 8 - 01 October 2013
Rent reviews
RICS guidance note: surveyors acting as independent experts in commercial property rent reviews (8th edition, 2002)
Online Published Date:
08 October 2013
Appeared in issue:
Vol 27 Issue 8 - 01 October 2013
Void contract – sums paid to vendor – sums recoverable by purchaser
Purewal v Sohal and others [2013] All ER (D) 319 Court of Appeal (25 July 2013)
Online Published Date:
08 October 2013
Appeared in issue:
Vol 27 Issue 8 - 01 October 2013
Dispute over purchase price – whether VAT payable – notice to complete – failure to complete
Clarke Investments Ltd v Pacific Technologies [2013] EWCA Civ 750 (21 June 2013)
Online Published Date:
08 October 2013
Appeared in issue:
Vol 27 Issue 8 - 01 October 2013
Construction of development – delay in completion – repudiatory breach
Ampurius Nu Homes Holdings Ltd v Telford Homes (Creekside) Ltd [2013] EWCA Civ 577 (23 May 2013)
Online Published Date:
08 October 2013
Appeared in issue:
Vol 27 Issue 8 - 01 October 2013
Payment of deposit – failure to pay – time of the essence – whether repudiatory breach
Samerenko v Dawn Hill House Ltd [2011] EWCA Civ 1445
Online Published Date:
08 October 2013
Appeared in issue:
Vol 27 Issue 8 - 01 October 2013
Forfeiture – s146 notice – need for particularity – validity of notice
Isabella Anders v Haralambous [2013] EWHC 2676 (QB) (Jay J) (23 July 2013)
Online Published Date:
08 October 2013
Appeared in issue:
Vol 27 Issue 8 - 01 October 2013
Rent determined by arbitrator – costs award – Calderbank offer – the test to apply
Centreland Management LLP v HSBC Bank Pension Trust (UK) Ltd (Unreported) (High Court, Chancery Division, Vos J) (4 July 2013)
Online Published Date:
08 October 2013
Appeared in issue:
Vol 27 Issue 8 - 01 October 2013
Design and build contract – notice to complete – time of the essence – unreasonable delay – repudiation
Urban (Blonk Street) Ltd v Simon martin Ayres and Nicola Jane Ayres [2013] EWCA Civ 816 (5 July 2013)
Online Published Date:
08 October 2013
Appeared in issue:
Vol 27 Issue 8 - 01 October 2013
Contract – Overage clause – interpretation – expert determination – manifest error
Walton Homes Ltd v Staffordshire County Council [2013] EWHC 2554 (Ch) (Peter Smith J) (8 October 2013)
Online Published Date:
29 October 2013
Appeared in issue:
Vol 27 Issue 9 - 25 October 2013
Awards of damages – unlawful eviction and tenancy deposit scheme
Donna Lee v Adrian Lasrado [2013] EWHC 2302 (QB) (Griffith Williams J) (26 July 2013)
Online Published Date:
29 October 2013
Appeared in issue:
Vol 27 Issue 9 - 25 October 2013
Certificate of practical completion – development project – right to rescind – obligation to complete
Elmbid Ltd v Burgess [2013] EWHC 1489 (Ch) (Mr William Trower QC Sitting as a Deputy Judge of the Chancery Division) (4 June 2013)
Online Published Date:
29 October 2013
Appeared in issue:
Vol 27 Issue 9 - 25 October 2013
Contract – retention – conditions precedent for release
Relicpride Building Co Ltd v Cordara & another [2013] EWCA Civ 158
Online Published Date:
29 October 2013
Appeared in issue:
Vol 27 Issue 9 - 25 October 2013
Restrictive covenant – rights of lessees – extent to which land is burdened
89 Holland Park Management Ltd and others v Sophie Louise Hicks [2013] EWHC 391 (Ch) (Mr Robert Miles QC sitting as a Deputy Judge of the Chancery Division) (27 February 2013)
Online Published Date:
29 October 2013
Appeared in issue:
Vol 27 Issue 9 - 25 October 2013
Development lease – rent review – construction
Martineau Galleries No.1 Ltd & another v Birmingham City Council [2013] EWHC 3018 (Ch) (HHJ Purle QC) (20 August 2013)
Online Published Date:
29 October 2013
Appeared in issue:
Vol 27 Issue 9 - 25 October 2013
Tenancy Deposit Scheme – Housing Act 2004
Having, in the previous case, mentioned the tenancy deposit scheme (TDS) provided for in Chapter 4 Housing Act 2004 (ss212–215], readers who have a particular interest in the TDS may wish to note the following recent Court of Appeal..
Online Published Date:
29 October 2013
Appeared in issue:
Vol 27 Issue 9 - 25 October 2013
Mixed use development – qualifying long term agreement affecting the residential part – the obligation to consult – the effect of failure to do so – construction of statutory provisions
BDW Trading Ltd and another v South Anglia Housing Ltd [2013] EWHC (Ch) (Mr Nicholas Strauss QC) (15 July 2013)
Online Published Date:
29 October 2013
Appeared in issue:
Vol 27 Issue 9 - 25 October 2013