Navigate the complexities of contractual issues with expert guidance tailored for property disputes specialists. Gain crucial insights for handling breaches, enforceability, and negotiation strategies, ensuring you can adeptly address conflicts and protect client interests with precision and confidence.
Property Disputes analysis: In Durkan Estates Ltd v Wallace Estates Ltd, the TCC refused summary judgment on whether delay in performing a Building...
This week's edition of Property Disputes weekly highlights includes: a High Court decision regarding the validity of a surrender agreement and Upper...
Restructuring & Insolvency analysis: The High Court sanctioned Poundstretcher’s Part 26A restructuring plan, using cross-class cramdown (CCCD) to bind...
Dispute Resolution analysis: A critical review of the Court of Appeal's landmark judgment in Salinas Pliego & Another v Astor Asset Management 3 Ltd,...
Private nuisance—general principlesWhat situations can give rise to a claim?Private nuisance is a ‘violation of real property rights’. It involves...
Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...
Specific performance of property agreementsIf a party to a property agreement fails to comply with its obligations, the other party may wish to apply...
Forfeiture of a leaseWhen can a landlord exercise the right to forfeit a lease?Forfeiture is a landlord’s right to bring a lease to an end as a result...
Liability for breach of property contract after completionThis Practice Note considers when contractual obligations merge on completion of a property contract and remedies that may be available after completion.For contractual remedies in relation to property contracts generally, see Practice Notes:
Return or forfeiture of a depositA buyer's right to the return of a deposit and the seller's right to forfeit the deposit in relation to a property sale and purchase contract are dealt with in the Standard Conditions of Sale (SCS) and the Standard Commercial Property Conditions (SCPCs). This
Misrepresentation, misstatement and non-disclosure in property mattersThis Practice Note looks at misrepresentation, misstatement and non-disclosure in property transactions. It covers a seller’s liability for replies given to enquiries before contract, a buyer’s possible remedies for
Rectification—mutual mistakeRectification is an equitable remedy by which the court can correct an error of expression where a written document does not match the parties' intention. It is available only in relation to written contracts and other documents. An oral agreement cannot be rectified.
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