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Briefcase 2024 Quarter 3: Key Real Estate Cases and Updates

Case 1: The Manchester Ship Canal Company Ltd v United Utilities Water Ltd - The United Utilities sewerage network has around 100 ‘outfalls’ from which material emanating from sewers, sewage treatment works and pumping...more

Briefcase 2023 Quarter 4: Key Real Estate Cases and Updates

High Court Weighs Up Landlord’s Redevelopment Plans With Tenant’s Security of Tenure in Business Lease Renewal - A landlord sought an immediately exercisable break in an unopposed business lease renewal to facilitate a...more

“For the rich but not the poor” but still entitled to charitable relief from business rates

In the case of London Borough of Merton Council v Nuffield Health [2023] UKSC 18 , the Supreme Court unanimously held that Nuffield Health was entitled to charitable relief of 80% from its business rates liability in respect...more

Briefcase Quarterly Update - Key Real Estate Cases and Updates - March 2022

Gabb v. Farrokhzad - Landlord's Unreasonable Refusal to Consent to an Assignment of a Lease - ..Mr Gabb owned a flat in Kensington and had a difficult relationship with his landlord, Mr Farrokzhad. Following some...more

Operator fails in attempt to secure a new telecoms Code agreement, as Tribunal weighs up “public benefit” of telecoms and...

The Upper Tribunal has provided welcome clarity on when a landowner may resist the imposition of a new “full” agreement under the Electronic Communications Code in Cornerstone Telecommunications Infrastructure Ltd v...more

Brexit is not a frustrating event after all

In a highly-anticipated judgment regarding the enforceability of contracts post-Brexit, Mr Justice Marcus Smith found that Brexit, albeit a “seismic event”, was not sufficient to “frustrate” a lease and bring it to an end....more

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