Brexit isn’t frustrating…at least for leases

Landlords can (for now at least) breathe a sigh of relief as the High Court has ruled that a tenant cannot bring its obligations under a lease to an end by invoking the doctrine of frustration simply because it will… Read more

Real Estate EP4: Brexit and the UK real estate market

In this podcast, Herbert Smith Freehills' Matthew Bonye and Tom Leech QC  discuss the important Canary Wharf Group v European Medicines Agency court case.  This case is highly relevant to real estate development. The tenant, the European Medicines Agency (EMA), argues that Brexit is a frustrating… Read more

Forfeiture traps for developer landlords

Author: Matthew Weal, Associate, Real Estate Dispute Resolution, London What do you do if you acquire a site containing problem tenants who may consistently be in arrears of rent or in breach of covenants under their leases?  It is understandable in these… Read more

The changing cost of environmental claims

Authors: Andrew Lidbetter, Partner, London and Jasveer Randhawa, Of Counsel, London   In environmental (Aarhus Convention) claims, judges can now award costs that take into account the claimant's financial resources. As of 28 February 2017, judges in environmental judicial review claims and… Read more

How to protect your development site from squatters

Author: Rhian Arrenberg, Professional Support Lawyer, Real Estate Dispute Resolution, London  Following the creation of a criminal offence of squatting in residential premises* punishable with up to six months in prison and/or a fine of up to £5,000, there is… Read more

Clearing a development site – using Torts Act notices

Author: Matt Leggett, Associate, Real Estate, London Piecing together a large or complex development site inevitably involves dealing with tenants and occupiers in order to obtain vacant possession. On vacating the site, those tenants and occupiers often leave things behind.… Read more

Development – a dampener on dilapidations claims?

Author: Julia Tobbell, Senior Associate, Real Estate Dispute Resolution, London Whilst a developer is in the early stages of planning and finance, it may be happy to leave the current tenants in situ to generate a little extra income before… Read more

Light Obstruction Notices: Part of the Developer’s toolkit?

Author: Julia Tobbell, Senior Associate, Real Estate Dispute Resolution, London Rights to light have had a fair deal of attention in development circles recently, with the state of play post-Coventry v Lawrence somewhat uncertain.  One potential weapon in the developer's… Read more

“Vi for Victory” for landowner in right of way dispute

Authors: Matthew Bonye, Partner and Head of Real Estate Dispute Resolution, London and Judith Smyth, Associate, Real Estate Dispute Resolution, London In a reassuring judgement for landowners, the Court of Appeal has ruled this week that clear and visible signage… Read more

Bad Bargain? Bad news! Says the Supreme Court

The Supreme Court has ruled that tenants will not necessarily be saved from bad bargains even if service charge provisions require them to pay sums well in excess of the landlord's actual costs. Arnold v Britton and others [2015] UKSC… Read more

Judicial Review deadlines

The time limit for lodging an application for judicial review of a planning decision is now a fixed six weeks from the date of the decision. This will usually be the date the planning permission is actually issued (not the… Read more