‘2020 looks like it will be a busy year for residential property law. Now that the election is finally out of the way and the stasis in parliament has been resolved, we might actually see some changes in the law.’
Tanfield Chambers, 6th January 2019
Source: www.tanfieldchambers.co.uk
‘Employee competition litigation typically starts with the discovery of some perceived threat to a business: perhaps the theft or removal of confidential documentation or information; the co-ordinated departure of key employees; or evidence of breaches of post termination covenants. Decisions have to be taken, often under time pressure, about how best to respond to that threat: is a without notice application justified? Is pre-action correspondence appropriate, and if so in what terms? What if any undertakings should be sought? These critical early decisions can have a significant impact on the future conduct of any litigation, including issues of costs and interim relief.’
Littleton Chambers, 21st November 2019
Source: www.littletonchambers.com
‘The High Court recently refused to grant an interim injunction in support of an alleged non-compete covenant, in particular because of the initial approach taken by the employer upon finding out the employees were working for a competitor.’
Blackstone Chambers, 18th November 2019
Source: www.employeecompetition.com
‘Supreme Court justices have ruled by a three to two majority that a freeholder was entitled to withhold consent for a leaseholder to apply for planning permission that might reduce the value of a West End property.’
Law Society's Gazette, 30th October 2019
Source: www.lawgazette.co.uk
‘This appeal considered whether the doctrine of restraint of trade is engaged by a restriction on post-employment shareholding, the proper construction of the phrase ‘interested in’ in a non-competition covenant, and the correct approach to severance of a non-competition covenant.’
UKSC Blog, 3rd July 2019
Source: ukscblog.com
‘One of the UK’s largest black communities is celebrating a victory in the high court over a contested piece of land it wants to transform into a “black Canary Wharf”.’
The Guardian, 21st March 2019
Source: www.theguardian.com
‘In Duval v 11-13 Randolph Crescent Ltd [2018] EWCA Civ 2298 the Court of Appeal applied what might be called ‘the contingent obligation principle’ to solve a problem that had arisen between the landlord (11-13 Randolph Crescent Ltd) of two houses that had been converted into 18 flats and two of the lessees, Dr Julia Duval of flats 11G and 11H, and Mrs Winfield of Flat 13.’
Hardwicke Chambers, 29th November 2018
Source: hardwicke.co.uk
‘The Court of Appeal’s decision in Duval v 11–13 Randolph Crescent Ltd [2018] EWCA Civ 2298 is a wake-up call to landlords to be alive to their, often overlooked, obligations to enforce tenants’ covenants at the behest of other tenants.’
Hardwicke Chambers, 29th November 2018
Source: hardwicke.co.uk
‘The Upper Tribunal considered the extent of a tenant’s liability to pay for communal heating when that obligation arose only by an estoppel by convention and, in fact, the tenant’s flat was no longer connected to the communal system.’
Tanfield Chambers, 5th October 201
Source: www.tanfieldchambers.co.uk
‘The UT comprised of Holgate J and HHJ Hodge QC (also sitting as County Court judges) gave valuable guidance concerning the importance of judges maintaining jurisdictional clarity and seperation when sitting as both FTT judges and County Court judges under the Residential Property Dispute Deployment Pilot.’
Tanfield Chambers, 5th October 2018
Source: www.tanfieldchambers.co.uk
‘A not infrequent problem for leaseholders is a landlord who takes a lackadaisical approach to enforcing leasehold covenants, or worse yet allows or waives breaches of covenants by certain leaseholders.’
Nearly Legal, 24th October 2018
Source: nearlylegal.co.uk
‘Having previously blogged on this case (see here for that blog on Egon Zehnder Ltd v Tillman [2017] EWHC 1278 (Ch)), Jacques Algazy QC and Nathaniel Caiden consider the repercussions of the Court of Appeal judgment in Tillman v Egon Zehnder Ltd [2017] EWCA Civ 1054.’
Cloisters, 12th October 2017
Source: www.cloisters.com
‘While the Supreme Court’s decision in Birch v Birch [2017] UKSC 53 is ostensibly about the court’s power to vary undertakings, it provides useful broader guidance on the variation of family orders generally.’
Law Society's Gazette, 2nd October 2017
Source: www.lawgazette.co.uk
‘The Upper Tribunal (Lands Chamber) has given guidance on the approach to be followed by the First-tier Tribunal (Property Chamber) when considering whether there is an estoppel by convention which prevents a leaseholder from denying the payability of a service charge which has not been demanded in accordance with the terms of the lease.’
Arden Chambers, 16th February 2017
Source: www.ardenchambers.com
‘Timothy Taylor Ltd v Mayfair House Corporation & Anor [2016] EWHC 1075 (Ch). It is a commercial property case, but has interesting elements on the way in which building works may be reasonably carried out.’
Nearly Legal, 4th January 2017
Source: www.nearlylegal.co.uk
‘A tribunal has agreed to a property developer’s request to modify a restrictive covenant preventing the use of land for anything other than car parking, even though the developer had already built social housing on the land in breach of that covenant.’
OUt-LAW.com, 6th December 2016
Source: www.out-law.com
‘Tamsin Cox & Julia Petrenko examine a useful authority for freeholders of residential buildings in relation to Airbnb.’
New Law Journal, 18th November 2016
Source: www.newlawjournal.co.uk
‘In Nemcova v Fairfield Rents Ltd [2016] UKUT 303 (LC), in what has become known as ‘the Airbnb ruling’, the Upper Tribunal gave guidance on the circumstances in which short-term lets might amount to a breach of covenant prohibiting the use of a property for anything other than ‘a private residence’. In this article, Jamal Demachkie (who acted for the successful landlord at first instance and on appeal) provides his analysis of this important decision.’
Hardwicke Chambers, 12th October 2016
Source: www.hardwicke.co.uk
© Inner Temple Library 2020