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Property Law Journal: June 2014
Serle Court

Andrew Francis and Suzanne Rab assess the first reported case on how competition law applies to land covenants

The town of Crawley lies on the western edge of the High Weald and 28 miles south of Charing Cross. This North-East corner of West Sussex appears to be an unremarkable spot for legal precedents to be made, yet it has become home to the first reported decision on the application of UK competition law to restrictive covenants.

Eversheds

Can a squatter rely upon conduct that amounts to a criminal offence as the basis for a claim in adverse possession? Alison Oldfield and Richard Jobes investigate

The decision in Best v The Chief Land Registrar [2014] illustrates how the courts are likely to approach the interrelationship between the law of adverse possession and the new criminal offence of trespass in residential premises. It also provides some helpful commentary on the public policy issues surrounding claims for civil rights based upon criminal conduct.

Forsters LLP

Will the latest Court of Appeal decision leave tenants at breaking point? Helen Pickard considers the recent case of Friends Life

Break clauses have been in the headlines again.

John Starr

John Starr reviews a Court of Appeal decision throwing further light on net contribution clauses

Almost a year ago, this column reported on the first instance decision in West v Ian Finlay & Associates (A Firm) [2013] relating to the enforceability of net contribution clauses.

Understanding the planning process is vital if contracts conditional on planning permission are to accurately reflect the parties’ intentions. Tim Willis and Rebecca Bergin discuss the judicial review and statutory challenge process

The planning system, with its various rules and regulations, is a fast-moving and constantly changing beast.

Forsters LLP

Nikolas Ireland analyses a case requiring the court to balance the competing interests of the parties to a lease

The recent case of Century Projects Ltd v Almacantar (Centre Point) Ltd [2014] has provided food for thought on the balancing act between a tenant’s right to quiet enjoyment and non-derogation from grant and a landlord’s obligation to carry out works. It also serves as a practical application of the guidelines the courts will follow when exercising their discretion to grant interlocutory injunctions.

The Jackson reforms to litigation cost management have been widely criticised, but Laura Odlind wonders if they could be of some benefit

Lord Justice Jackson was tasked with investigating the spiralling costs of litigation. His report led to the biggest shake-up to the civil justice system for over a decade. The Jackson reforms were introduced in April 2013 and have fuelled much debate among practitioners, even featuring in the tabloid press.

Fiona Graham examines a decision clarifying the ‘limbo period’ which arises after a fixed-term lease expires while the parties are in negotiations for a new lease

A fixed-term lease comes to an end. There is no security of tenure under the Landlord and Tenant Act 1954 (in the case of commercial premises). The landlord is content to discuss terms with the tenant for a new lease and the tenant wants a new lease. The tenant continues paying rent. What is the tenant’s status pending the completion of a new lease?