Archived Legal Articles from 2021

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Commercial Property


Criterion Buildings Ltd v McKinsey and Company Inc (UK) and another


Introduction In the 2021 case of Criterion Buildings Ltd v McKinsey and Company Inc (UK) and another , the High Court had to determine whether landlords can decide how a service charge is proportioned across their commercial tenants. Facts McKinsey ('the Tenant') was one of the…

Glossop Cartons and Print Ltd v Contact (Print and Packaging) Ltd (2021)


In the recent case of Glossop Cartons and Print Ltd v Contact (Print and Packaging) Ltd - which went to the Court of Appeal - it was held that a buyer seeking damages from a seller for fraudulent misrepresentation is still entitled to compensation despite agreeing a 'bad bargain'. The case…

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A green lease may help to reduce the environmental impact of your business


As businesses tentatively begin to emerge from the pandemic thoughts may finally start to turn to future opportunities and challenges. It appears likely that the next major issue affecting the property world will be energy efficiency and environmental sustainability. With the increasing awareness of…

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PD Rights set to be more restrictive for Office to Residentials Conversations


The planning laws are there to monitor what can and can't be built in certain areas to keep within the local policy and that of the country as a whole. Permitted development rights are, to some degree self-explanatory, as they are those rules that allow certain aspects of development to progress…

Is the high street truly dead?


There is currently a downward trend in high street shopping, mainly due to an increase in shopping online. This has been accelerated by the pandemic as high street shops have been forced to close and ultimately improve their online services to retain customers. The impact has been so great that, in 2020…

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A new tax and levy on residential property developers in 2022


On the 10 February, the Government announced its strategy to improve nationwide building safety, following the continuing fallout from the Grenfell disaster. A pivotal part of the strategy was the announcement of a further £3.5 billion funding to help facilitate the removal of unsafe cladding. It…

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Case Comment - Procter v Procter


The recent case of Procter v Procter dealt with the situation where a property owner wishes to grant a lease to both themselves and a third party jointly. In Procter, a family farm was owned by trustees and was farmed by a partnership consisting of the trustees and other family members, without any…

How 'blended use' spaces can be used to revitalise the high streets


Whilst the decline of the traditional high street has been much publicised over recent years, Covid-19 has likely accelerated the changes to how high street property is utilised in the long-term. One of the main challenges for city centres in a post-restrictions world will be how its property can be…

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Parking Easement


The crux of the case of Poste Hotel Ltd v Tracey Anne Cousins (2020) EWHC 582 concerned whether a resident's right to park supersedes a local business's right of way to enter their premises, and serves as an important reminder for why landowners must remain mindful of preventing others acquiring…

Expansion to Permitted Development Rights


The Government has introduced from 31 August 2020 an expansion of the currently permitted development rights (PDRs) and this presents an opportunity for developers to broaden their residential development portfolio, without formal planning permission. This is particularly significant given the impact of…

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How commercial tenants can utilise break clauses to their advantage


The implications of Brexit and the ongoing Covid-19 pandemic have meant that most businesses are carefully considering all costs and risks to their business, including costs and risks associated with properties that they own or occupy. Tenants may wish to carefully consider their existing obligations…

VAT on lease break payments


In September 2020 - following two important judgments delivered by the Court of Justice of the European Union - HMRC published its Revenue & Customs Brief 12 (2020) which contained updated guidance on the position of VAT on payments made in relation to the termination of contracts. The crux of…

National Apprenticeship Week


National Apprenticeship Week began on 8 February. This year's theme is 'Build The Future.' With 20 years of experience in progressing employees through apprenticeships, Forbes Solicitors has helped build futures and this year has been no different and has been as successful, despite the…

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Heading in the Right Direction - The virtues of detailed Heads of Terms


It is the end goal of any lease transaction to achieve an agreement that satisfies both parties' needs. The lease will dictate the complex contractual relationship between the parties to a transaction and so it is essential that all of the key points are addressed. However, at the root of any…

Covid Relief 2021


As the scourge of Covid-19 continues to disrupt and reshape our daily lives, the Chancellor of the Exchequer, Rishi Sunak, announced a further £4.6bn relief package for businesses in the retail and hospitality sector on 5th January. The government's support package comes in the form of a…

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