The Message: Commercial property agents have to be sure who their client is.
The Case: The High Court has determined whether an agent can recover commission on securing a property for a party with whom it did not have a direct contract (Lorenz Consultancy v Fox-Davies Capital, 17.03.11).
Read morePublished in STEP Journal, April 2011.
Download PDFThe Message: Honesty is the best policy when making insurance claims.
The Case: An insurance company sought to recover over £230,000 paid out for subsidence damage on the basis the insured had misled it into paying too much (Aviva Insurance Ltd-v-Brown (25/2/2011)).
Read moreRosalind Cullis assesses in what circumstances third party professional fees are recoverable.
First published in Property Law Journal, 7 March 2011.
Download PDFZahra Kanani considers the results of a recent consultation over disposal of land by charity trustees. First published in Property Law Journal, 21 February 2011.
Download PDFThe Message: Landlords may not recover service charges for major works if they fail to consult properly with tenants.
The Case: The Court of Appeal has held that landlords may suffer severe financial consequences if they undertake major works to residential properties without first complying with the statutory consultation procedure (Daejan Investments –v- Benson (28/1/2011).
Read moreThe message: Experienced businessmen receive little sympathy from the courts.
The case: The High Court has decided whether a guarantor can delay enforcement on the basis that payment was agreed to be deferred for five years (Spring Finance v HS Real Company, 20.01.11).
Read moreNatasha Rees reviews a decision of the Upper Tribunal concerning the correct rate to be applied to leases under 20 years.
First published in Property Law Journal, 24 January 2011.
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