Sporting rights (including the right to shoot) can cause issues particularly if they are granted over land which may be developed in the future. Henry Fea is joined by Tristram van Lawick and Emma Preece to discuss how these rights arise and how they can be terminated, including the approaches taken towards calculating damages in the context of development.
Sam Lear and Caroline Greenwell are back to talk about settlement offers in slightly more detail, including tactics, the impact that offers can have on costs and the difficulties of withdrawing Part 36 offers.
Case reference: Burrell v Clifford  EWHC 578 (Ch)
COVID-19 has led to more hotly fought business lease renewals under the Landlord and Tenant Act 1954, on rent, interim rents, pandemic clauses and other issues. To discuss some of the trends we have seen so far from the cases, Emma Humphreys is joined by Laura Bushaway of our Real Estate Disputes Team and Ben Faulkner of Wilberforce Chambers.
- S Franses Limited v. The Cavendish Hotel (London) Limited [Unreported, County Court at Central London,18 June 2021]
- Bank of New York Mellon (International) Limited v. Cine-UK Limited and Others  EWHC 1013
- WH Smith Retail Holdings Limited v. Commerz Real Investmentgesellschaft [Unreported, County Court at Winchester, 25 March 2021]
- Poundland Limited v. Toplain Limited [Unreported, County Court at Brentford, 7 April 2021]
In the fifth episode of our Property Professionals podcast series, Eddie Richards, is joined by Kevin Mofid, head of logistics and industrial research at Savills and Kim Farley, a principal in the UK investment and leasing team at EQT Exeter. They come together to discuss:
- The key challenges facing operators and investors over the coming months
- How consumer trends have changed, and the impact on logistics space
- With the easing of restrictions, is the market going to be softening with regards to logistics investment?
Whilst there has been plenty going on with property law related to COVID-19, there are still lots of “normal” property cases to be aware of. In this podcast, Emma Humphreys, Laura Bushaway and Natalie Deuchar look at a few of the “business as usual” judgments which have been handed down so far this year. Take a listen if you want to learn more...
Forfeiture: Faiz and others v. Burnley Borough Council  EWCA Civ 55
Forfeiture: Keshwala and Sharma v. Bhalsod and Bhalsod  EWCA Civ 492
Construction: Monsolar IQ Limited v. Woden Park Limited  EWCA Civ 961
Construction: Arnold v. Britton  UKSC 36
Mistake: Chartbrook Limited v. Persimmon Homes Limited  UKHL 38
Break Clauses: Capitol Park Leeds Plc v. Global Radio Services Limited  EWCA Civ 995
This is the story of Heidi who is Swiss, and Henry, a Brit. In this podcast series we explore issues faced by this international couple, their businesses and their assets in a UK/Switzerland cross-border context. We will follow their story in good times and in bad times, to untangle the legal knots and help them spot opportunities.
Sad news for the family, Heidi’s aunt has died. What do the family need to think about following the death of a Swiss person with some UK connections? We look at the taxes and the succession issues.
The recent government announcement extending the restrictions (yet again) on landlords' remedies for recovering commercial lease arrears contained a few surprises. So what is the position with those remedies at present, how is the government’s Code of Practice being treated by the courts and what are the government’s plans for dealing with pandemic arrears and commercial tenancy relationships?
For information on the current restrictions on landlords’ remedies, please also see:
For information on the government’s announcement about its plans for dealing with COVID-19 arrears see:
The cases referred to in this podcast are:
Commerz Realinvestmentgesellschaft mbh v TFS Stores Limited  EWHC 863 (Ch)
Bank of New York Mellon (International) Limited v Cine-UK Limited  EWHC 1013 (QB)
Property Patter: The Electronic Communications Code – what are the current issues with negotiating telecoms agreements?
Emma Humphreys and Georgina Muskett are joined by Allison Mullen of Telemaster to discuss some of the practical issues arising out of the Electronic Communications Code. The “new” Code has been in force since December 2017 and, although it was supposed to speed up the roll out of electronic communications apparatus, it is generally acknowledged that it has led to stagnation in the market. So what are the barriers to concluding telecoms agreements? Our discussion looks at issues such as:
- Rents under the new Code
- Rights of access to buildings (especially rooftop sites)
- The challenges of defining “equipment” in Code agreements
- Recent Tribunal decisions in respect of operators’ rights to upgrade and share equipment
(1) EE Limited (2) Hutchison 3G UK Limited v The London Borough of Islington  UKUT 0053 (LC)
Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates  UKUT 107 (LC) CTIL v University of the Arts London  UKUT 248 (LC) (subsequently appealed to the Court of Appeal and awaiting the outcome of a further appeal to the Supreme Court)
Cornerstone Telecommunications Infrastructure Ltd v London & Quadrant Housing Trust  UKUT 282 (LC) (also referred to as “Maple House”)
Cornerstone Telecommunications Infrastructure Ltd v University of the Arts London  UKUT 248 (LC)
On Tower UK Ltd v JH & FW Green Ltd  UKUT 348 (LC)
Landlords will sometimes come across a receiver being appointed over a tenant company's assets, or may even find their own assets subject to such an appointment. So, what is a fixed charge receiver, what are their powers and how is COVID-19 likely to affect receivership appointments? The answers are provided by property insolvency specialists Emma Humphreys and Bethan Cunniffe with expert input from Tony Guthrie, a Partner at Gerald Eve who is often appointed as a fixed charge (LPA) receiver.
We are delighted to present a podcast series detailing a mock conference with counsel dealing with insurance claims under a construction contract, complex issues of delay and finding commercial solutions for your clients.
The mock-conference will be split into two 30-minute bite-sized podcasts and will see counsel advising a high-end developer client in the context of:
- Specified Perils,
- Delays, and
- Insurance claims.
The podcasts will give an authentic insight into common challenges facing developer clients and will explore how to get the best outcome in the face of thorny contractual and practical issues.
Our Speakers include Rupa Lakha, Partner at Charles Russell Speechlys and Jennie Wild and Charlie Thompson of Keating Chambers.