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News Category: Commercial property

  • 16 June 2014

    Restrictions on User – Competition Law

    It is fair to say that competition law has been under the radar for many property lawyers, probably due to the fact that when the Competition Act 1998 (“Act”) was enacted, Land Agreements were excluded.  All that changed on 6 4pril 2011, and Land Agreements are now treated in the same way as any other Agreement for the purposes of competition law in the UK. Read more

  • 16 June 2014

    Break Clauses – “Form versus Content”

    Break clauses are a subject that will not go away.  A useful reminder of the need to take particular care when negotiating terms at the outset, and strictly complying with them when exercising a break, is provided by the case of Friends Life Limited -v- Siemens Hearing Instruments Limited [2014]. Read more

  • 25 July 2013

    Tenant’s refund for rent following the break date

    Comment on the recent case of Marks and Spencer plc v BNP Paribas Securities Services Trust Company Ltd [2013] EWHC 1279 (Ch) on break clauses and rent refunds. Read more

  • 25 July 2013

    Commercial Rent Arrears Recovery: Guidance for Landlords

    An explanation of the new Commercial Rent Arrears Recovery provisions expected to come into force later this year. Read more

  • 30 May 2013

    Wilkinson & Others v Kerdene Limited

    Michael Fahy considers the recent case of Wilkinson & Others v Kerdene Limited [2013] EWCA CIV 44 in which the Court gave a reminder that, in certain circumstances, positive covenants continue to bind successors in title. Read more

  • 30 May 2013

    Kenya Aid Programme v The Sheffield City Council

    Michael Fahy considers the recent decision of Kenya Aid Programme v Sheffield City Council [2013] EWHC 54(Admin) on the test for mandatory relief from business rates for charities. Read more

  • 30 May 2013

    Hunt & Others v Optima (Cambridge) Limited and Others

    Michael Fahy considers the recent case of Hunt & Others v Optima (Cambridge) Limited and Others [2013] EWHC 681 (TCC).  The Technology and Construction Court held that: a property developer; landlord; and architect were liable to long-leaseholder residents for defects in a block of flats. Read more

  • 3 April 2013

    Michael Fahy to speak at Royal Institution of Chartered Surveyors Conference

    Michael Fahy, head of Steeles Law's real estate team is to speak at the forthcoming Royal Institute of Chartered Surveyors (RICS) West Midlands Conference on Wednesday 17 April. Read more

  • 15 February 2013

    HFI Farnborough LLP and others v Park Garage Group plc

    Michael Fahy and Robert Hickford consider the case of HFI Farnborough LLP and others v Park Garage Group plc [2013] EWHC 6 (Ch) and highlight the importance of taking legal advice when including break clauses in contracts. Read more

  • 15 February 2013

    Close Brothers Ltd v Ridsdale and others

    Michael Fahy and Robert Hickford consider the case of Close Brothers Ltd v Ridsdale and others [2012] EWHC 3090 (QB) regarding a well-known merchant bank’s claim against three defendants who failed to repay money guaranteed under a facility letter, which was subsequently varied by an extended facility letter. Read more