25 May 2012

Make no mistake: expertly drafted leases can’t be rewritten

The message: The court will not readily correct documents drafted by experienced and skilled solicitors.

The case: The Court of Appeal has overturned a judgment that allowed a sublease to be rewritten to give effect to what the judge thought the parties really intended, in Scottish Widows Fund v BGC International (9 May 2012).

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15 May 2012

Commercial property update

Considers the recovery of rent in a tenant administration, the pitfalls of best endeavours obligations, the National Planning Policy Framework and flood risk and buildings insurance.

First published in Solicitors Journal, 15 May 2012.

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13 March 2012

Commercial property update

Considers the implications of the dilapidations protocol, break clauses, business rates relief and the meaning of 'unreasonable withholding of consent' in leases.

First published in Solicitors Journal, 13 March 2012.

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9 March 2012

A fictional purchase can come back for very real bite

The message: Solicitors acting for lenders could pay a heavy price for carelessness.

The case: The Court of Appeal has confirmed that defrauded lenders may be able to recover all their losses from their solicitors, following the case of Lloyds TSB Bank v Markandan & Uddin (09.02.12).

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3 February 2012

Lack of interest lands tenant in hot water

The message: Legal principles can take precedence over fairness.

The case: Yet another landlord has successfully defeated a tenant’s break clause on a technicality (Avocet Industrial Estates v Merol, 19.12.11). The right to break a lease early is valuable for a tenant but its exercise often involves overcoming hurdles, some of which the tenant may not even be aware of.

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