Recovery Of A Retention By Sub-Contractors

The construction industry has been hard hit over recent months as a result of Covid-19 and one area which we continually see problems arise is in respect of the release...


Nice Try, No Cigar! Developer Fails To Acquire Land Under An Option Agreement At Low Value

Fishbourne Developments Ltd v Stephens [2020] EWCA Civ 1704 In this recent case, the Court of Appeal ruled that a Developer was not entitled to acquire 117 acres of land...


Be Careful When Acquiring ‘Open Space’ From A Local Authority

A recent case (R (on the application of Day) v Shropshire Council & Others [2020] EWCA Civ 1751) has highlighted the requirement that, before a Local Authority disposes of land...


Rights Of Way Dispute – High Court Rules In Favour Of Defendants Over The Use Of A Shared Single Access Lane

An easement (a right of way across private land) has the potential to cause legal and practical problems for land and property owners. How an easement is interpreted and used is...


Buyer Funded Developments – Professional Negligence Claims

When mainstream lenders tighten their lending criteria, usually following an economic downturn, such as the one being caused by Covid-19, property developers may look at alternative funding options. The SRA...


Covid-19 – Commercial Landlord – Rent Recovery Options

Following the restraints placed upon commercial landlords being extended again, what has been a difficult year for all has been especially difficult for landlords of commercial properties where rents have...


Right Of Way Disputes – The Importance Of Understanding Your Rights

For both individuals and companies, often the primary asset which they hold is property. However, all too often people misunderstand the land which they do or do not own, and...


Protective Measures For Commercial Tenants Impacted By COVID-19 Extended Again

On Wednesday (9th December), the Government confirmed that they have extended the protective measures for commercial tenants who have been impacted by COVID-19 to the end of March 2021. Initially...


John Howell MP Proposes New Bill Allowing Parties To Offer An Apology Without Admitting Liability

During a legal dispute, often a party will not want to offer a formal apology through fear that it will be treated as an admission of liability. However, under a...


Volatile Property Valuations – Professional Negligence Claims Against Surveyors

Uncertainty surrounding a potential property slump in 2021’s housing market has seen a number of residential properties being ‘down valued’, leaving surveyors liable to professional negligence claims. House sales have...


Changes To The Help To Buy Equity Loan Scheme In 2021

Prospective first-time buyers in the East Midlands will soon be able to apply for the government’s latest Help to Buy scheme – but it comes with a price cap. The current Help to...


Developers Beware – Supreme Court Dismisses Appeal To Modify Restrictive Covenants Which Had Been Breached’

The Supreme Court recently dismissed an appeal by a housing developer to modify restrictive covenants where they were in deliberate breach. The development was built on land adjoining the site...