Landlord and tenant – Break clause – Vacant possession – Commercial lease – Tenant exercising option to break lease after first year of term – Valid exercise of option depending…
Mortgage – Enforcement – Illegality – Legal charge over property – Sums expressed to be secured by charge not due in reality – Charge a sham to mislead creditors of…
Marshalling – More than one creditor holding charge over same property – Respondent obtaining charges over certain of appellant’s properties as part of settlement of claim under Proceeds of Crime…
Residential property – Trespass — Flying freehold — Appellant permanently expropriating respondent’s property — Respondent obtaining award of damages for continuing and continuous infringement of right of use and enjoyment…
Town and country planning – Development plan – Regional spatial strategies (RSSs) – Government proposing to pass legislation to abolish RSSs – Secretary of State issuing statements advising planning authorities…
Trespass to land – Damages
Civil Procedure Rules Part 36 Settlement of action Offer and acceptance Claimant offering to settle claim Offer expressed to be made under CPR 36 and…
Mortgage – Enforcement – Terms of loan – Legal charge over property to secure loan – Parties agreeing loan amount and interest rate – Charge as executed omitting those details…
Damages – Nuisance
Commercial premises – Odour – Actionable nuisance – Appellant occupying premises on light industrial estate – Respondent occupying adjoining premises – Unpleasant smells emanating from respondent’s premises – High Court…
Landlord and tenant – Assignment – Guarantee – Landlord and Tenant (Covenants) Act 1995 – Lease of commercial premises – Obligations of tenant guaranteed by parent company – Agreement for…
Town and country planning – Lawful use certificate – Planning permission for limited period – Section 72 of Town and Country Planning Act 1990 – Holiday bungalows – Seasonal occupancy…