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Vacant Possession: Where are we now?
Daniel Cuthbert and Carl Roche assess the current state of play with regards to break clauses that are dependent on vacant possession ‘It is clear that the court has retained a significant amount of discretion for the purposes of considering vacant possession. Consequently, there remains some uncertainty as to what is required in order to …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Hynes v Vaughan [1985] 50 P&CR 444
- Isaacs v Diamond [1880] WN 75
- John Laing Construction Ltd v Amber Pass Ltd [2004] 17 EG 128
- Legal & General Assurance Society Ltd v Expeditors International (UK) Ltd [2006] EWHC 1008 (Ch)
- NYK Logistics (UK) Ltd v Ibrend Estates BV [2011] EWCA Civ 683
- Royal Bristol Permanent Building Society v Bomnash [1886-90] All ER Rep 283
- Savage v Dent [1736] 2 Stra 1064
- Secretary of State for the Environment, Transport and the Regions v Baylis (Gloucester) Ltd and Bennett Construction (UK) Ltd [2000] 80 P&CR 324
- Topfell Ltd v Galley Properties Ltd [1979] 1 WLR. 446
- Weir v Area Estates Ltd [2009] All ER (D) 189 (Dec)