Issues

Property update — November–December 2013: non-reliance clause

Despite finding that the sellers of a property had misrepresented the planning situation to the buyers, a court upholds a clause in the contract aimed at preventing the buyers from claiming damages. If a buyer is being induced to enter into a property transaction because of something that the seller has said or done, be […]

Property update — November–December 2013: landlord and tenant

Here is another case involving a tenant who stayed on in commercial premises after a ‘contracted-out’ lease had expired. But, unusually, it was the tenant who got caught out by the consequences. Despite its title, Barclays Wealth Trustees (Jersey) Ltd v Erimus Housing Ltd is not a housing case. The demised premises were used by the […]

Guarantors: guaranteeing they stay ‘on the hook’

A recent High Court case serves as a timely reminder to landlords that if there is a surety to the lease they must be consulted in relation to any proposed variations if they are to remain liable for the tenant’s obligations. Topland Portfolio No 1. Ltd v Smiths News Trading Ltd [2013] EWHC 1445 (CH) […]

Property update — November–December 2013: High Speed 2

As Wragge & Co reported on 25 November 2013, the bill for phase one of High Speed 2 (HS2) has now had its first reading in Parliament. As part of the parliamentary process, the government is currently consulting on the environmental statement, which seeks to assess the likely significant effects of construction and operation of the […]

When is a warranty more than a warranty?

Any contractor or professional consultant who has provided a collateral warranty on a construction project, or indeed any real-estate owner who has the benefit of a collateral warranty, will be interested to learn of the recent case of Parkwood Leisure Ltd v Laing O’Rourke Wales and West Ltd (2013 EWHC 2665 (TCC)). In this case, […]

Property update — November–December 2013: Community Infrastructure Levy

A draft of the latest set of amendments to the CIL Regulations 2010 has been laid before Parliament. Here is a list a few of the proposed changes. Part 11 of the Planning Act 2008 provided for the imposition of a charge known as the Community Infrastructure Levy (CIL). The CIL Regulations 2010 implemented the detail of […]

Calling time on harmful drinking? Proposed changes to licensing laws

Following the publication of the results of its alcohol strategy consultation, the Home Office recently announced the next steps it will be taking in delivering the government’s Alcohol Strategy. The consultation focused on five key areas with the aim of reducing alcohol-fuelled crime and anti-social behaviour. The consultation invited views on a minimum unit price […]

A fracking disaster or a load of hot air?

With the chancellor’s Autumn Statement confirming plans that some say will make the UK tax regime for shale gas the most competitive in Europe, the spotlight is again on this hotly debated and fiercely disputed topic. Hydrochloric fracturing, or fracking, is the process by which shale gas is extracted from the ground by drilling bore […]

Consumer law reform

The government is currently undertaking the most extensive reform of consumer law in years. The reforms fall into five key categories: implementation of the Consumer Rights Directive into UK law; introduction of the Consumer Rights Bill; addressing misleading and aggressive practices; structural reform of consumer law enforcement institutions; and empowering consumers. The deadline for the […]

New Public Procurement Thresholds for 1 January 2014 published

The European Commission has published the revised euro thresholds for the application of the procedures for the award of contracts under the EU public procurement directives (Directive 2004/17 [utilities], Directive 2004/18 [public sector contracts] and Directive 2009/81 [defence and security contracts]), which are to apply from 1 January 2014. We note that although EU thresholds have […]

A break for tenants? Break options and rent refunds

Sometimes it’s hard to be a tenant. A bit of tough negotiation on the commercial lease grant has secured you a break option. Midway through your lease term you look to exercise that option only to be faced with a myriad of preconditions. Your lease could contain conditions of vacant possession; payment of rents; no […]