Dispute resolution (property litigation)

Brexit isn’t frustrating…at least for leases

Authors: Matthew Bonye, Partner and Head of Real Estate Dispute Resolution, London; Judith Smyth, Associate, Real Estate Dispute Resolution, London and Rhian Arrenberg, Professional Support Lawyer, Real Estate Dispute Resolution, London Landlords can (for now at least) breathe a sigh of relief as … Continue reading

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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 … Continue reading

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Indigestion for landlords: a new acid test for redevelopment under ground (f)

Author: Stephanie Trompeter, Senior Associate, Real Estate Disputes, London In October, we wrote about the Supreme Court case S. Franses Ltd v The Cavendish Hotel (London) Limited [2018] UKSC 62, concerning a landlord’s ability to oppose a lease renewal under the … Continue reading

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Landlords’ motives for redevelopment – good, bad or irrelevant?

Author: Julia Tobbell, Senior Associate, Real Estate Disputes, London Today the Supreme Court will hear the case of S. Franses Ltd v The Cavendish Hotel (London) Limited, a case which property litigators have been following closely since last year. The … Continue reading

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Ousting unauthorised occupiers! Government consults on dealing with trespassers 

Authors: Judith Smyth, Associate and Matthew Bonye, Partner and Head of Real Estate Dispute Resolution, London The word “trespasser” may well send a shiver down the spine of many commercial landowners.  Trespass can take a number of different forms, from squatters … Continue reading

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LANDOWNERS AND DEVELOPERS – BEWARE THE RIGHT OF FIRST REFUSAL

Author: Michael Chivers, Senior Associate, Real Estate, London Are you a landlord or developer of property which includes residential flats?  Are you going to dispose of your interest in that property?  If so, you may be obliged to offer your … Continue reading

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Supreme Court ruling on negligent property valuations: Tiuta International v De Villiers Surveyors [2017] UKSC 77

Authors: David Reston, Partner, Insurance Dispute Resolution, Sarah Irons, Professional Support Lawyer, Dispute Resolution, Matthew Bonye, Partner and Head of Real Estate Dispute Resolution The Supreme Court judgement in the case of Tiuta International v De Villiers Surveyors was handed … Continue reading

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Commercial Service Charges – the RICS consults on proposed mandatory requirements

Authors: Matthew Bonye, Partner and Head of Real Estate Dispute Resolution and Judith Smyth, Associate, Real Estate Dispute Resolution, London Commercial property practitioners and stakeholders have just under a week left to have their say on the draft text of the … Continue reading

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An unusual consequence of the housing crisis – or, when is it against public policy to enforce a hospice’s privacy?

Author: Jerome Temme, Trainee, Real Estate Dispute Resolution, London Take a hospice, a restrictive covenant preventing development next door which, at the time of the development, served to protect the privacy of the sick children, their families and visitors, and … Continue reading

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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 … Continue reading

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