Cash Law Buzz Words Flashcards
Expert Witness are not allowed to have incentivised fees
Gardiner & Theobald V Jackson 2018
Gardiner & Theobald V Jackson 2018
Expert Witness are not allowed to have incentivised fees
Expert Witness can be sued for negligence
Jones v Kaney 2011
Jones v Kaney 2011
Expert Witness can be sued for negligence
Rights of light
HKRUK VS Heaney 2011
HKRUK VS Heaney 2011
Rights of light
Time is not usually of the Essence
United Scientific Holdings Ltd v Burnley Borough Council 1997
United Scientific Holdings Ltd v Burnley Borough Council 1997
Time is not usually of the Essence
British Gas V Universities Superannuation Scheme 1986
Hypothetical lease would contain rent reviews in line with the actual lease in the absence of wording.
Hypothetical lease would contain rent reviews in line with the actual lease in the absence of wording.
British Gas V Universities Superannuation Scheme 1986
Basingstoke Borough Council v Host Group 1987
The notional term of lease, if silent assume residue of lease
The notional term of lease, if silent assume residue of lease
Basingstoke Borough Council v Host Group 1987
Canary Wharf Investments v Telegraph Ltd 2003
Wording is key when determining the hypothetical term. No commencement date, so the term ran from the RR date.
Wording is key when determining the hypothetical term. No commencement date, so the term ran from the RR date.
Canary Wharf Investments v Telegraph Ltd 2003
Bello v Ideal View 2008
Time was not of the essence and landlord could trigger rent review 13 years later.
Time was not of the essence and landlord could trigger rent review 13 years later.
Bello v Ideal View 2008
Calderbank vs Calderbank 1975
Without Prejudice save as to costs. Tools for influencing costs.
Without Prejudice save as to costs. Tools for influencing costs.
Calderbank vs Calderbank 1975
Level Properties V Balls Brother Ltd 2007
A rare example of an Independent Experts Determination of a rent review not being binding, as decision was based off incorrect interpretation of a rent review clause.
A rare example of an Independent Experts Determination of a rent review not being binding, as decision was based off incorrect interpretation of a rent review clause.
Level Properties V Balls Brother Ltd 2007
Esselte AB v Pearl Assurance 1997
If a tenant moves out prior to the lease expiry date no notice needs to be served
If a tenant moves out prior to the lease expiry date no notice needs to be served
Esselte AB v Pearl Assurance 1997
S. Franses Ltd v The Cavendish Hotel Ltd 2017
The landlord has to prove a firm a settled intention to carry out works in order to refuse a new tenancy under Section 30 Grounds F of LTA 1954
The landlord has to prove a firm a settled intention to carry out works in order to refuse a new tenancy under Section 30 Grounds F of LTA 1954
S. Franses Ltd v The Cavendish Hotel Ltd 2017
Vivienne Westwood v Couduit Street Developments 2017
This decision provides further guidance on the application of the rule against penalties and confirms that an agreement and side letter may be considered together when considering whether a penalty has been applied.
This decision provides further guidance on the application of the rule against penalties and confirms that an agreement and side letter may be considered together when considering whether a penalty has been applied.
Vivienne Westwood v Couduit Street Developments 2017
Betty’s Cafes Ltd v Phillips Furnishing Stores (1959)
Facts underlying grounds A to C of Section 30 of the LTA 1954 will need to be established at the date of the hearing and statements must be honest and truthful.
Associated British Ports v Humber Oil Terminal Trustees 2012
The landlord did not have to renew the lease, they could prove intention to occupy under ground F of Section 30 of the LTA 1954.
Betty’s Cafes Ltd v Phillips Furnishing Stores (1959)
Facts underlying grounds A to C of Section 30 of the LTA 1954 will need to be established at the date of the hearing and statements must be honest and truthful.
The landlord did not have to renew the lease, they could prove intention to occupy under ground F of Section 30 of the LTA 1954.
Associated British Ports v Humber Oil Terminal Trustees 2012
O’May v City of London Real Property Co 1982
4 Principles Test for Modern Lease:
- Landlord must have valid reason on estate management grounds
- Change compensated by change in rent
- Must not materially adversely affect tenants security of tenure
- Must be reasonable
Modern changes to reflect AGA’s or VAT
4 Principles Test for Modern Lease:
- Landlord must have valid reason on estate management grounds
- Change compensated by change in rent
- Must materially adversely affect tenants security of tenure
- Must be reasonable
Modern changes to reflect AGA’s or VAT
O’May v City of London Real Property Co 1982
Hedley Byrne vs Heller & Partners 1964
Relates to negligent statement and a test of reasonableness:
- Foreseeability
- Proximity
- Fairness
Relates to negligent statement and a test of reasonableness:
- Foreseeability
- Proximity
- Fairness
Hedley Byrne vs Heller & Partners 1964
Lotus & Delta V Culverwell & Leicester City Council 1976
Set out 6 propositions for considering/weighting rental evidence.
- If hereditament let, then rent taken as starting point.
- Time, subject matter and conditions important.
- Similar Property to be looked at.
- Other comparable property also to be looked at.
- Opinion formed from all the evidence.
- If no comparable evidence available, subjects rent is very hard to reject.
Set out 6 propositions for considering/weighting rental evidence.
- If hereditament let, then rent taken as starting point.
- Time, subject matter and conditions important.
- Similar Property to be looked at.
- Other comparable property also to be looked at.
- Opinion formed from all the evidence.
- If no comparable evidence available, subjects rent is very hard to reject.
Lotus & Delta V Culverwell & Leicester City Council 1976
Makro Properties Ltd vs Nuneaton & Bedworth Borough Council 2012
Empty property rates, even small amount of occupation in regards to floor space counts as occupation and empty rates relief apply again if occupied for 6 weeks or more.
Empty property rates, even small amount of occupation in regards to floor space counts as occupation and empty rates relief apply again if occupied for 6 weeks or more.
Makro Properties Ltd vs Nuneaton & Bedworth Borough Council 2012
Newbigin v SJ Monk 2015
Properties undergoing refurbishment of redevelopment should be exempt from business rates whilst accommodation is unusable.
Properties undergoing refurbishment of redevelopment should be exempt from business rates whilst accommodation is unusable.
Newbigin v SJ Monk 2015
Woolway v Mazars 2015
There must be continuity between floors or property for there to be one assessment. Common area and lifts do not pass the continuity test.
There must be continuity between floors or property for there to be one assessment. Common area and lifts do not pass the continuity test.
Woolway v Mazars 2015
Wallshire v Aarons (1989)
Why rent reviews are second best to open market lettings second best as rent reviews are negotiated between valuers, bases on a negotiated settlement, not open market decisions.
Why rent reviews are second best to open market lettings second best as rent reviews are negotiated between valuers, bases on a negotiated settlement, not open market decisions.
Wallshire v Aarons (1989)
J Laing & Son V Kingswood AC (1949)
Definition of being in ‘Rateable Occupation of a Hereditament’
Definition of being in ‘Rateable Occupation of a Hereditament’
J Laing & Son V Kingswood AC (1949)
Singer & Friedlinger vs JD Wood 1977
Margin of error is narrower for straightforward valuations and wider for more complex
Margin of error is narrower for straightforward valuations and wider for more complex
Singer & Friedlinger vs JD Wood 1977
KS Lincoln vs CB Richard Ellis 2010
Sets out margins of error, 5% for standard residential, 10% for one off commercial property and 15% for unique property.
Sets out margins of error, 5% for standard residential, 10% for one off commercial property and 15% for unique property.
KS Lincoln vs CB Richard Ellis 2010
