Commercial Client Articles

Declaratory relief only granted in cases of real dispute between parties

When a tenant of a warehouse sought a declaration from the High Court against a landlord in relation to repairs to the warehouse, the court refused to issue such a declaration. In the case of Office Depot International (UK) Ltd v (1) UBS Asset Management...

Who owns land in the UK? Draft Bill aims to identify overseas owners

Who owns land in the UK (when the land is registered to an overseas company) is being tackled by the Department for Business, Energy and Industrial Strategy (BEIS). The information currently available on overseas owners or leaseholders of land is often...

New Town Development Corporations to deliver more homes

The government is planning to set up several New Town Development Corporations to build thousands of homes across the country over the next five years. The corporations will be accountable to local councils and be responsible for new towns and garden...

Was it reasonably practicable to rebuild a larger house after subsidence?

In a home-owner’s subsidence claim, where relief was sought under the Coal Mining Subsidence Act 1991, the question before the court was whether it was reasonably practicable to demolish the house and build a larger one. In White v The Coal...

Law Commission recommends reform of land registration system

Creating a more effective land registration system is firmly on the Law Commission’s agenda. In a project designed to update the Land Registration Act 2002 – which governs registered land – the Law Commission first published a consultation...

Upper Tribunal calls for right to buy decision to be made "in the round"

The refusal by Milton Keynes Council of a tenant’s request to buy the freehold of a property was upheld by the Upper Tribunal, overturning the decision of the First-tier Tribunal. In the case of Milton Keynes Council v Bailey , the Upper Tribunal...

Index-linked rent review clause scrutinised by the Court of Appeal

In a case before the Court of Appeal, a tenant argued that an index-linked rent review clause contained in a reversionary lease of offices in Bromley was ambiguous. Concurring with the first instance judge, in the case of Trillium (Prime) Property GP Ltd v...

Director disqualified for repeatedly failing to pay minimum wage

A director has been banned for seven years after repeatedly failing to pay his workers the minimum wage. Shakil Ahmed was a director at Euro Contracts Services Limited (ECS), which supplied labourers to farms. The farms paid a fee to ECS, which was then...

Developer can't dodge paying extra £750,000 for land

A developer has been ordered to pay an extra £750,000 for land that was sold subject to the condition that the price would increase if planning permission for houses was granted. The issue arose after the developer purchased property from a landowner...

Director must repay value of assets taken from her company

A director breached her legal duties when she transferred company assets to herself during a period of financial difficulty. Julie Anne Davey ran a company called Angel Group Ltd or AGL, which had three subsidiaries. The businesses specialised in...
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