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Property Law Journal: November 2013

Jennifer Chappell assesses a new form of investment and how it could be applied to UK property

What happens if you and your business partner(s) want to invest in commercial property but don’t have the funds and can’t find a bank to lend?

DWF

Kelly-Louise Kirby considers the ramifications of a recent ruling

While many home owners across the country prefer to see warm and dry weather, those affected by tree root subsidence issues may not be of the same opinion. This is because when the UK experiences a year of weather with clearly defined seasons, such as a warm, dry summer, followed by a cold, wet winter, the ground receives a healthy amount of water. However, when the weather is mostly dry all year round, trees are forced to grow their roots further to explore for moisture in the soil. Depending on the tree and the surrounding area, this exploring may result in tree root subsidence issues.

Kate Andrews discusses the importance of mediation, and the costs consequences that can result where a party unreasonably refuses, or ignores, a request to mediate, in light of a recent Court of Appeal judgment

Alternative dispute resolution (ADR), in particular mediation, became popular in the mid to late 1990s. The first ‘High Court Practice Note (Civil Litigation: Case Management)’ referred to judicial control of cases and included the option to question legal representatives on whether ADR had been considered.

Rebecca Nash explains the background to the recent decision in Bloom and what it means for landlords

The Supreme Court’s decision in Bloom v The Pensions Regulator [2013], better known as Nortel & Lehmans Administrators (Nortel), has established that liabilities arising after the commencement of insolvency proceedings are not an expense of an administration but a provable debt.

Although the recent decision in Siemens Hearing appears to provide comfort to tenants whose break notices do not comply with the lease terms, Vanessa Babington argues that caution is still required

If a tenant is facing landlord objections to its break notice then the decision in Siemens Hearing Instruments Ltd v Friends Life Ltd [2013] is one to turn to. The judgment provides a very concise and thorough summary of what options are available to tenants whose break notice is non-compliant. Perhaps, more importantly, it provides a valuable guide as to whether the assistance of the court (bringing with it a hefty price tag) is a viable or attractive option.

John Starr

John Starr looks at a case where the 1996 Construction Act was held to apply to a collateral warranty, and an unusual case involving arguments as to the financial stability of a winning party to an adjudication

Heath Marshall reviews a case where oral terms were agreed as consideration for entering into the main contract, and arguments arose as to their validity

Property and property litigation lawyers alike will appreciate that contracts for the sale or other disposition of an interest in land can only be made in writing and only by incorporating all the terms which the parties have expressly agreed in one document; or where contracts are exchanged, in each.