EG 11-05-19

P.43 The measure of all things - Size is everything? Must read article for solicitors who don’t know their acres from their elbow. Takes you through the way in which area, land, offices, sq.ft etc is important, and gives you an idea of what the size of the average house, office, superstore is. Its unbelievable that most lawyers haven’t a clue and are never trained in even the basics before they are let loose on property transactions. 

P.49 Fish & Chips? Frying tonight. Looks at the recurring role of fish and chip shops in property litigation. Good summary of the enforcement of oral contracts, smells,  nuisance claims, easements, parking, etc

P.51 Brexit and lease frustration. Another article about the EMA case and the courts ruling that Brexit did not frustrate the lease. Which is of course subject to an appeal to be held next year

P. 52 s.18 Dilapidations Cap. Dilaps damages are capped to the reduction of the value of the reversion owing to the breach of repair. This can be unfair and the article looks at how this can be unfair and mentions Jervis v Harris as a way round it

P.54 s.2 A tenant successfully resisted a striking out application by a Council in connection with his application for specific performance of an alleged binding s.2 contract created by the council offering in a letter to buy his flat at Red Book value and the tenant countersigning and accepting the letter, then delivering it to the council.  Kuznetsov v Camden LBC [2019] EWHC 805

P.54 Electronic Communications code. Reporting on a preliminary scuffle in the UT on what rights an operator can claim from a farmer, and illustrates the importance of getting notices right

P.55  Dilapidations invoices - looks at the effect of dilaps on a companies accounts and reminds me that I am glad I became a lawyer not an accountant. Zzzz

P. 56 Looks at the relationship between companies and their directors and conflict of interest where the director owns the company or makes personal benefit. One for the corporate department..

P.57 Liquidated Damages. Can you claim LADs if the contractor never finishes the job? Or can you only claim general damages for actual loss? This answer to this tricky point is that if the contractor never finishes the contract (in this case a contract to develop a software package for a commodities trading business) then LADs may NOT be  payable, and the employer has to prove their general damages. A surprising twist - most people would probably assume you would get your LADs in that case. Triple Point Technology v PTT [2019] EWCA Civ 230
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