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Andrew Turner
 

Overage Agreements

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In the recent case of London and Ilford Limited v Sovereign Property Holdings Limited , the Court of Appeal has left a property developer with a bloody nose and a financial headache. In the context of a property transaction, the term...

Morality Clauses - who sets the standards?

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The role of morality clauses in contracts has been in the spotlight recently amidst the whirlwind of allegations surrounding the likes of Weinstein, Spurlock, and Spacey. Film distributors and publishing firms have been hastily reviewing their contracts to...

Dangerous cladding - who pays?

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Following the Grenfell tragedy last year, there has been panic amongst owners of blocks of flats up and down the country prompted by the realisation that their own blocks may be clad in the same apparently lethal material that appears to have triggered the...

Unlawful fishing expeditions

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Fishing for information from the other side is a common feature of litigation. Extracting admissions, acknowledgements and evidence from the other side is all part of the tactical scuffling that goes on in legal proceedings. The Court Rules allow you...

Disability discrimination claim against lender dismissed

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In the recent case of Green v Southern Pacific Mortgage Limited , the Court of Appeal was asked to consider whether a lender’s failure to agree to change a disabled borrower’s mortgage from a repayment mortgage to an interest-only was...

Arrogant professionals

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The case of Riva Properties v Foster & Partners concerned a successful professional negligence claim against the world-renowned architects, Foster & Partners. It is a cautionary tale of the consequences of failing to follow a client’s instructions. Whilst the case concerns architects, it is applicable to professional advisers of any specialism.

Barking mad or fair enough?

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It is a restriction that you will find in many leases. A ban on tenants keeping pets in the property. An absolute ban seems pretty black and white; pets are banned, simple. But what if the lease says that you can keep pets but you need to seek...

When innocence is no defence

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Judges are only human. They make mistakes and they get things wrong. This was illustrated all too clearly in the repossession case of Teign Housing v Lane. This was a Housing Association’s repossession claim against a tenant suffering...

I want my property back - is there a problem?

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There has been a lot of discussion in the media recently about revenge evictions and the precarious status of tenants who occupy residential properties on short term tenancy contracts or on monthly periodic contracts. The argument goes that these...

Battle of the Beach Huts 2017

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A landowner allows an individual to erect a beach hut on his land. That individual then starts using the beach hut periodically and pays an annual fee to the landowner. After a few years, the landowner wants the beach hut off his land. What is the landowner...

Sweet Relief

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The case of General Motors UK Ltd v The Manchester Ship Canal Company Ltd concerned a licence agreement which allowed General Motors to discharge surface water into the canal for a modest annual fee of £50.

1954 Act comes under attack

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The High Court has ruled that a landlord’s development scheme, contrived for the sole purpose of defeating a tenant’s security of tenure, allows a landlord to successfully oppose a tenant’s statutory request for a new lease....

Business Rates and Common Sense

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The issue that arose in the case of Newbigin (Valuation Officer) v S J & J Monk was whether a property can be deleted from a rating list whilst significant building works are being carried out. In this case, an office building in Sunderland was...

Turkish Delight - You Get What You Pay For

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A note recently issued by the Turkish Government has confirmed that foreigners who buy property worth at least $1million can obtain Turkish citizenship. The note confirms that citizenship will also be offered to foreigners who deposit a minimum of $3million...

Your Questions Answered - April 2017

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A debtor owes both me and another creditor, jointly, an unpaid debt. I have discussed taking court action against this debtor with my fellow creditor but he is unwilling to go down that particular route. Am I entitled to go it alone? ...

Professional in the Hot Seat - Jonathan Rathbone

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We caught up with Jonathan Rathbone, Hughes Paddison’s new Director tasked with growing the Company and Commercial Department. Jon joins Hughes Paddison from international law firm, DAC Beachcroft, bringing with him more than 14 years’...

Boundary disputes - stumbling through the red mist

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Understanding what has sparked off the dispute between the parties in the first place is essential. It is very rarely the case that a party has pulled out his title deeds and decided that there is a problem with the boundary. There is usually...

It's just a boundary - get over it

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Identifying the real reason for a boundary dispute kicking off in the first place is an essential part of working out the best way to resolve it. Contrary to what one might logically believe, it is rare for a boundary dispute to start as a result of...

Proposals to ban dodgy landlords and agents

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The Government is considering new legislation to enable bans to be imposed on what are deemed to be “criminal landlords and agents” preventing them from operating in the private rented sector. The proposals have generally been welcomed....

Rights of Way: is a gate an obstruction?

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Gates and rights of way can be an unhappy mix. I often hear the cry "my neighbour has put a gate across the lane. He can't do that. I've got a right to pass along that lane. I want to get an injunction against him" . Breaking it to the...

IP in the Floodlights

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Intellectual Property is a necessary evil in business and something every new, aspiring or existing business owner should be aware of. A classic example of trademark infringement would of course be opening up a burger restaurant and unveiling a logo...

Nightmare on Elm Street

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New legislation is aimed at helping residential landlords to recover possession Consider the following scenario. You are a landlord of 21 Elm Street, a terraced property on a quiet residential street. Your tenant is...