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Latest Chambers News

New Chambers case on collective enfranchisement, details of our new online resource, a Protocol for applications for consent to assign or sublet and Right to Manage, Mandatory and Directory requirements, and Leasebacks.

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New Protocol, New Arbitrators

We are pleased to announce the launch of a new Property Protocol, and new appointments as FCIArb.

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Commercial First Business Ltd v Munday & Anor [2014] EWCA Civ 1296

Nathaniel Duckworth appears for the successful Respondent in an important new case on cross-security under mortgages.

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New Tenants

Falcon Chambers are pleased to announce that Toby Boncey and Tricia Henmans have joined Chambers following their successful completion of pupillage.

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Tindall Cobham 1 Limited & Others v Adda Hotels (An Unlimited Company) and others [2014] EWCA Civ 1215

Kirk Reynolds appears for the successful appellants in the expedited appeal from the decision of Peter Smith J, on intra-group assignments, anti-avoidance and surety covenants.

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Kosta v Trustees of the Philimore Estate [2014] UKUT 0319 (LC)

Gary Cowen appeared for the successful Respondent in this long-awaited appeal concerning relativity in leasehold enfranchisement claims.

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Regent Wealth Ltd v Wiggins [2014] EWCA Civ 1078

Jonathan Gaunt QC and Anthony Radevsky acted for the Appellants and Stephen Jourdan QC acted for the Respondent.

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Tindall Cobham 1 Ltd v Adda Hotels [2014] EWHC 2637 (Ch)

Kirk Reynolds QC appeared for the successful Claimants in a significant case considering K/S Victoria and intra-group transfers.

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Latest Chambers News to 30th August 2014

New Chambers cases on restrictive covenants, service charges, assured shorthold tenancies and possession proceedings, human rights and lease extensions, valuation, trusts of land, adverse possession, easements, rights of way, agricultural land, service charges, Section 20C Applications, legal costs and Leasehold Reform Act 1967.

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McDonald v McDonald & Anor [2014] EWCA Civ 1049

The Court of Appeal rules that the Article 8 defence to possession claims cannot be invoked against private landlords.

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Westbrook Dolphin Square Ltd v Friends Life Ltd [2014] EWHC 2433 (Ch)

Judgment on the biggest-ever collective enfranchisement under the 1993 Act.

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Manchester Ship Canal Company Limited v United Utilities Water Plc [2014] UKSC 40

Jonathan Karas QC appeared for the successful appellant, United Utilities, in a landmark Supreme Court decision on the rights of sewerage undertakers to discharge into private watercourses under the Water Industry Act 1991. The Supreme Court unanimously held that they could, provided the discharge pre-dated the coming into force of the 1991 Act. To that extent, statute had overridden the common law of trespass.

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New Edition of Hague on Leasehold Enfranchisement co-authored by Anthony Radevsky

A new, 6th edition of Hague on Leasehold Enfranchisement is to be published on 31st July 2014, by Sweet and Maxwell.

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Evans v Wimbledon & Putney Conservators [2014] EWCA Civ 940

Court of Appeal decision on statutory powers of the Conservators to grant easements to facilitate development. Guy Fetherstonhaugh QC for the respondent.

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Latest Chambers News to 30th June 2014

New Chambers cases on adverse possession, wayleaves and service charges/disrepair, rights of way and rights to park, mortgages, party walls, leasehold enfranchisement, consent to alterations and appointment of a manager.

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Boots UK Limited v Goldpine Estates Limited LTL 19/06/2014, Court of Appeal

The first consideration by the Court of Appeal of the relationship between sections 24C and D of the Landlord and Tenant Act 1954 (interim rent). Tamsin Cox appeared for the Respondent.

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Loose v Lynn Shellfish Limited [2014] EWCA Civ 846

Important new decision of the Court of Appeal on the scope of a presumed lost ancient grant of a shell fishery. Guy Fetherstonhaugh QC and Phillip Sissons appeared for the appellants.

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London Borough of Newham v Zulfiqar Ali [2014] EWCA Civ 676

Court of appeal suspends the effect of an injunction.

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Church Commissioners for England, R v Hampshire County Council & Anor [2014] EWCA Civ 634

A new and important decision of the Court of Appeal on the registration of town and village greens.

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Davies v Davies [2014] EWCA Civ 568

Timothy Fancourt QC and Elizabeth Fitzgerald appeared in this appeal.

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MARKS & SPENCER PLC v BNP PARIBAS SECURITIES SERVICES TRUST CO

This is an important decision of the Court of Appeal on the question of the payment of rent required from a tenant when seeking to exercise a break clause under a lease.

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Friends Life Ltd v Siemens Hearing Instruments Ltd [2014] EWCA Civ 382

In Friends Life v Siemens Hearing Instruments, the Court of Appeal upheld the requirement for strict compliance with terms of break options

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Fulham Broadway Trustees No.1 Ltd v Telefonica UK Ltd [2014] EWHC 1048 (Ch)

Arbitration claim regarding a commercial rent review in the Fulham Broadway Shopping Centre.

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Erimus Housing Limited v Barclays Wealth Trustees (Jersey) Limited [2014] EWCA Civ. 303

The Court of Appeal reverses a decision of the Chancery Division.

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First Great Western v Jones [2014] EWCA Civ 301

First Great Western v Jones. Station operator retains right to control access to public taxi rank. Jonathan Small QC and Ewan Paton appeared in the Court of Appeal for the successful respondents

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Innerspaces Self Storage Ltd v Harding & Ors [2014] EWCA Civ 46

Philip Sissons appeared in the Court of Appeal

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Topland Portfolio No.1 Limited v Smiths News Trading Limited [2014] EWCA Civ 18.

Edward Cole appeared for the successful guarantor in a significant decision of the Court of Appeal regarding the rule in Holme v Brunskill.

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Free Grammar School of John Lyon v Helman [2014] EWCA Civ 17.

Court of Appeal case.

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Falcon Chambers Seminars 2014

Falcon Chambers is pleased to offer a series of practical seminars on various aspects of
property law.

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Chambers Top 100

Nicholas Dowding QC and Janet Bignell named in the Chambers 100 UK Bar.

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Ham v Ham [2013] EWCA Civ 1301

Nathaniel Duckworth appeared in a recent important decision about the true construction of a poorly-drafted partnership deed.

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Spencer v Taylor [2013] E.W.C.A. Civ 1600

Notices under section 21 of the Housing Act 1988

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Couper v Albion Properties & Port of London Authority

A complex case involving proprietary, riverine and riparian rights and wide ranging claims in tort.

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Chambers Bar Awards 2013

Another Successful Evening for Falcon Chambers

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New Book published

The Law and Practice of Charging Orders on Land

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Required wording not a strict condition of exercise of break option.

Siemens Hearing Instruments v Friends Life

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Calderbank offers in the context of rent only 1954 Act disputes.

Centreland Management LLP v HSBC Bank Pension Trust (UK) Ltd 2013, 4th July.

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Right to a free supply of water under a 99-year lease

Welsh Water sought arrears of water charges from Mr Abberley who owns and runs a dairy farm near Llandrindod Wells.

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Enfranchisement Awards 2013

Falcon Chambers wins two awards

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New Book published

Commercial and Residential Service Charges, written by Adam Rosenthal, Elizabeth Fitzgerald, Nat Duckworth, Oliver Radley-Gardner and Philip Sissons

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Telford Homes (Creekside) Limited v Ampurius Nu Homes Holdings Limited [2013] EWCA Civ 577

On 23 May 2013, the Court of Appeal gave judgment in Telford Homes (Creekside) Limited v Ampurius Nu Homes Holdings Limited [2013] EWCA Civ 577.

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Martin Rodger QC

Judicial Appointment

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Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Limited [2013] EWHC 1279 (Ch)

The first case in which a tenant has succeeded in obtaining reimbursement of the balance of the quarter’s rent referable to the period following a break date.

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Khans Solicitors v Chifuntwe and Secretary of State for the Home Department [2013] EWCA Civ 481

Court of Appeal Judgment

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Latest Court of Appeal Decision on "what is a house?"

Henley v Cohen [2013] EWCA Civ 480

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Compton Beauchamp Estates Limited v Spence [2013] EWHC 1101 (Ch)

Arbitration Claim

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Daejan Investments v Benson [2013] UKSC 14

On 6 March 2013, the Supreme Court allowed the landlord’s appeal against the decisions of the LVT, Upper Tribunal and Court of Appeal.

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Lewison’s Drafting Business Leases by Janet Bignell

The eighth edition has been published

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Manchester Ship Canal Limited v United Utilities [2013] EWCA Civ 40

Supreme Court hearing likely on implied powers of sewerage undertakers to continue to discharge sewage after privatisation of the water industry

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Jonathan Karas QC

Silk joins Falcon Chambers

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In Fitzpatrick v Sarcon (No 177) Ltd

Case in the Court of Appeal of Northern Ireland

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Priorities arising from Tomlin Order.

Hughmans Solicitors v Central Stream Services Limited (in Liquidation) [2012] EWCA Civ 1720

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Falcon Chambers Seminars

Chambers is pleased to offer a series of practical seminars on various aspects of property law.

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Court of Appeal decision in Charles Terence Estate v Cornwall Council [2012] EWCA Civ 1439 overturns decision that Council’s breach of duty rendered leases void

No escape from leases for local authority

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Chambers Bar Awards 2012

Real Estate Junior of the Year

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Latest Supreme Court decision on meaning of house

Hosebay Ltd v Day, Lexgorge Ltd v Howard de Walden Estates Ltd [2012] UKSC 41

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Falcon Chambers nominations for Chambers Bar Awards

Chambers nominated in all three Real Estate categories.

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Smithfield lease renewal – traders depressed by Sales

Mr Justice Sales has given judgment in the trial of two preliminary issues in the case of Edwards & Walkden (Norfolk) Limited and ors v The Mayor and Commonalty and Citizens of London [2012] EWHC 2527 (Ch), in which Martin Rodger QC and Joe Ollech represented the successful Defendant landlord.

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Bermuda test case

Jonathan Small QC and Nat Duckworth have successfully acted for the appellant in Director of Land Valuation v Banks.

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President of the Supreme Court: Lord Neuberger of Abbotsbury

An ex-member of Falcon Chambers has been named as the next President of the Supreme Court of the United Kingdom

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New Chairman of Chancery Bar Association

Tim Fancourt QC is appointed the new Chairman.

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Westbrook Dolphin Square Ltd v Friends Life Ltd [2012] EWCA Civ 666

The Court of Appeal has allowed the appeal of the nominee purchaser in a collective enfranchisement claim concerning Dolphin Square.

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New High Court decision on payment of rent as an administration expense: In re Luminar Lava Ignite

Decision on recovering possession and rent from administrators

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Waiver of tenant’s obligation to carpet flat

Faidi v. Elliot Corporation [2012] EWCA Civ 287

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Court of Appeal decision on sale and leaseback transactions

Cook v The Mortgage Business Plc [2012] EWCA Civ 17

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Smith v Jafton Properties Ltd [2012] 01 EG 56

Court of Appeal decision

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Enforcement of restrictive covenant makes national headlines

Edward Peters acted for local residents who successfully forced Taylor Wimpey to demolish 17 homes and garages which they had started building in breach of a 1936 restrictive covenant.

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Court of Appeal decision on registered rights of common

The Court of Appeal has given judgment in the case of Dance v. Savery [2011] EWCA Civ 1250 in which John Summers acted for the successful Respondent.

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Chambers UK Guide to the Bar 2012

Falcon Chambers ranked number one again.

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Chambers Bar Awards 2012

Falcon Chambers wins again!

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Legal 500 - 2011

New edition of Legal 500 published.

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Restrictive covenant – meaning of “a dwelling-house”

Parsons v. Thatchers Wood Residents Company Ltd (LTL 20/10/2011)

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Two new tenants for Falcon Chambers

Jamie Sutherland and Kester Lees

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Leases washed away by Cornish shower

Charles Terrence Estates Ltd v The Cornwall Council [2011] EWHC 2542 (QB)

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Mr Justice Lewison appointed to Court of Appeal

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Developer’s claim for £28m lost profits rejected by High Court.


Multivesti 226 v. NI Summer Row Unit Holder [2011] EWHC 2026 (Ch) (Lewison J)

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Falcon Chambers participates in London Legal Sponsored Walk

5 walk for London Legal Support Trust

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Enfranchisement Chambers of the Year

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Adverse Possession

Second Edition

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Court of Appeal allows estate agents’ appeal and awards £1 Million commission

Glentree Estates Limited v Favermead Limited [2010] EWCA Civ 1473

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Court of Appeal decision on approach to marriage value

Judgment in McHale v Cadogan [2010] EWCA Civ 1471

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Pupillage Applications for October 2012

The Application Form for pupillage commencing October 2012 is now available:

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Seminar Series

Falcon Chambers is once again holding its successful seminar series aimed at property practitioner up to 5 years PQE.

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Chambers UK Guide 2011

Once again Falcon Chambers has been ranked as the leading set in both Real Estate Litigation and Agriculture and Rural Affairs.

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Fisher & Lightwood 13th Edition

The 13th edition of Fisher and Lightwood’s Law of Mortgages has recently been published.

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The Chambers Bar Awards 2010

Falcon Chambers wins two awards

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Legal 500 2010

"The advice given at specialist property set Falcon Chambers is 'excellent at all levels of experience' "
Legal 500 2010

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Bocardo SA v Star Energy

On 28 July the Supreme Court gave judgment in the important trespass case of Bocardo SA v Star Energy [2010] UKSC 35. Jonathan Gaunt QC and Edward Peters appeared for Bocardo.

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PGF II SA v Royal & Sun Alliance Insurance: High Court decision on dilapidations

On 13 and 29 July the High Court gave judgment in the dilapidations case of PGF II SA v Royal & Sun Alliance Insurance [2010] EWHC 1459 (TCC). Jonathan Small QC and Edward Peters appeared for the successful claimant PGF.

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Court of Appeal decision on the admissibility of extrinsic evidence in interpreting conveyances

Pennock & Pennock v Hodgson [2010] EWCA Civ 873

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Court of Appeal considers the assessment of restitutionary damages for trespass

Stadium Capital Holdings v St Marylebone Properties Co PLC (2010), 15 July 2010

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Court of Appeal gives judgment on meaning of “house”

Day v Hosebay Ltd, Howard de Walden Estates Ltd v Lexgorge Ltd [2010] EWCA Civ 748

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High Court decision on breach of bulk purchase property contract

On 9 June 2010, the High Court dismissed the claim of Regency Flats Limited for £4.2 million in damages for breach by Boatport Limited of a contract for the sale and purchase of 171 new build flats in London Docklands. Neutral citation: [2010] EWHC 1327 (Ch). Timothy Fancourt QC and Daniel Robinson acted for the successful Defendant, Boatport.

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High Court decision on termination clause in agreement for lease

On 27 May 2010, Kitchin J gave judgment in Dominion Corporate Trustees v Debenhams Properties [2010] EWHC 1193 (Ch). Stephen Jourdan QC appeared for the successful landlords.

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Court of Appeal confirms treatment of tenant improvements on expiry of long residential leases

Hughes v Borodex Ltd [2010] EWCA Civ 425

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Court of Appeal decision on plans and boundaries

Huntley v Armes [2010] EWCA Civ 396.

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Court of Appeal commends consistency in construction of break clauses

Aviva Life & Pensions UK Ltd v Linpac Mouldings Ltd [2010] EWCA Civ 395

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High Court decision on rights under Electronic Communications Code

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Grant of permission to appeal to Supreme Court

Bocardo SA v Star Energy UK Onshore Ltd

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High Court decision on payment of rent by administrators

7th December 2009

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Court of Appeal decision on diminution in value of reversion

Van Dal Footwear v Ryman Ltd (3rd December 2009) the Court of Appeal

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Privy Council decision on adverse possession

Higgs v Leshel [2009] UKPC 47

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New Edition - Compulsory Purchase and Compensation

Ninth Edition published.

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High Court judgment on adverse possession

Adverse Possession

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Scam E-Mails

Please be aware of this potential fraud

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