Real Estate Dispute Resolution

2011 saw international investors snap up prime London assets. Problems in the Eurozone, a scarcity of bank finance, low economic confidence and Government spending cuts all present a conundrum for 2012. View full briefing

Our guide to preventing the acquisition of a right of light, using a Light Obstruction Notice View full briefing

Although commercially there may be cases where it is not possible, developers should endeavour to settle all potentially actionable interferences with rights of light with neighbouring owners prior to commencing a development to avoid the risk of injunctive relief being granted.  View full briefing

The Government has announced that it will shortly begin a consultation on important new measures designed to boost confidence in the ‘pre-pack’ administration procedure. You can have your say in this process. View full briefing

An introduction to the service of notices in the context of unopposed lease renewals under the Landlord and Tenant Act 1954 View full briefing

Property contracts: creating a contract by email and the importance of clear drafting; Dilapidations Protocol to become part of the Civil Procedure Rules; Interim rent: it is for the court to decide what is reasonable; Litigation or arbitration? The claimant must choose which procedure to follow; Consultation on reform of bankruptcy and winding up procedures View full briefing

HEADLINES: A warning about pre-action disclosure; Residential sales and leasebacks; Landowners must take positive action to protect their interests; Relief from forfeiture; Assessing damages in dilapiations disputes. View full briefing

HEADLINES: "Fatally flawed" Miss Sixty CVA set aside on the grounds of unfair prejudice to the landlord; Recovering damages for loss of a chance: how much can you claim? How to serve a valid break notice: two cautionary tales for practitioners; Rights of light: a developer is ordered to demolish part of a completed building; Can you keep your promises? What 'reasonable endeavours' really means. View full briefing

"Rent review: the landlord could review the rent after a 13 year delay - A landlord successfully implemented a rent review 13 years after the review date, because time was not of the essence" "Professional negligence: solicitors’ advice should not be too bullish - The court gives guidance about the standard of care expected from a solicitor and the remedies available to clients for negligent advice" "Developers must check carefully for restrictive covenants - We explore the potentially disastrous impact of restrictive covenants on developments and how developers can avoid litigation" "Break clauses: a tenant cannot exercise a personal break right after assigning its lease - The court makes it clear that a former tenant will only be able to operate a personal break clause in exceptional circumstances" "Fraudulent misrepresentation: the court upholds non-reliance clauses in an agreement for lease - We look at liability for misrepresentation in a case where the project was a “commercial disaster”  View full briefing

"Valuing dilapidations claims: the court will not invent a hypothetical purchaser - what can the court taken into account"; "Failure to deliver a property in compliance with a special condition can frustrate a sale - what happens if a seller cannot comply with a special condition?"; "Damages for loss of business premises: how much can a tenant recover? - can a tenant recover compensation for a potential business opportunity?"; "Original guarantors: the demise of the repeat guarantee? - we look at the Good Harvest case and review its implications"; "Administration expenses: landlords can recover the costs of a winding-up petition - we explore the costs that landlords can recover in insolvency proceedings" View full briefing

The right to protest in quasi-public places may become a legal right in the future. Julie Gattegno and Sarah Moore explain the potential repercussions. View full briefing