Commercial Property Litigation: Second Edition, by James Fieldsend, Paul McAndrews
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Commercial Property Litigation: Second Edition, by James Fieldsend, Paul McAndrews
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This second edition of Commercial Property Litigation is a fully-updated, authoritative handbook for UK property litigators. It combines an analysis of the relevant substantive law and procedure in the UK with practical know-how focusing on common issues and problems faced by the property litigator. The explanatory commentary is supported by expertly drafted precedents, checklists, and extracts from key pieces of UK legislation and procedural rules, which are contained on an accompanying CD-ROM providing easy access to these time-saving precedent materials. Commercial Property Litigation will ensure that practitioners can be confident of having the relevant knowledge and clear guidance on the practice and procedure on how to deal with these difficult subjects. New for this edition: important recent cases on the construction of break clauses, implication of terms, and apportionment of rent * waiver and estoppel after invalid notice is given * duties of the recipient to disclose the invalidity * lease renewals * impact of the recent cases on non-compliance with directions * grounds of opposition and time for establishing intention * new procedures on the issue of claims * limitation periods and tenancy renewals * repairing obligations * review of the new protocol for terminal dilapidations and recent case law since its introduction * assignment/sub-letting/alterations and use * consideration of the impact of the Competition Act 1998 on user clauses and consent to change of use * withholding consent to alienation and the risk of giving it inadvertently * the Covenants Act 1995 * developments in the law concerning enforceability of covenants * side letters and variation * reconsideration of compliance with s. 2 of the Miscellaneous Provisions Act * Keay v Morris Homes * forfeiture and possession * the effects of holding over and the risk of creating a new tenancy * abolition of distress for rent and the new scheme of Commercial Rent Arrears Recovery * service charge clauses * the rejection of the contra proferentem rule of construction * updated precedents and forms.
Commercial Property Litigation: Second Edition, by James Fieldsend, Paul McAndrews- Published on: 2015-03-31
- Original language: English
- Number of items: 1
- Dimensions: 9.75" h x 6.25" w x 1.50" l, .0 pounds
- Binding: Hardcover
- 610 pages
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0 of 0 people found the following review helpful. Practical By Phillip Taylor MBE AVOIDING THE PITFALLS OF PROPERTY LITIGATION: A DETAILED REFERENCE AND PRACTICAL GUIDE, NOW IN A NEW EDITIONAn appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green ChambersThis is definitely a book for busy practitioners working in property litigation, primarily in landlord and tenant matters. This is a subject that seems straightforward but which isn’t – and practitioners need to be aware of the possible pitfalls.Published by Jordan’s, this is the second edition of this thorough and scholarly, yet practical work which indicates that it is already highly regarded and well established. It therefore functions as a reliable source of reference on just about every conceivable contingency that can or may ensue for landlords, tenants and any other parties involved in property disputes.Taking the ‘prevention is better than cure’ stance, the emphasis in the book leans toward advising opposing parties to avoid litigation altogether if possible, or at least to reduce it before disagreements, misunderstandings, or omissions actually turn into disputes.The expert authors establish this cautionary note right at the beginning, pointing out that ‘disputes and problems leading to litigation commonly arise when one party to a tenancy serves notice on the other and the counterparty challenges its validity.’So begins the first chapter, which is appropriately on ‘Notices’ followed by the chapter on ‘Invalidity of Notices’. These chapters contain considerable new material, notably the decisions in recent break clause cases. The practitioner is made aware that mistakes or omissions in these and related areas can lead to costly litigation and are therefore to be avoided.Subsequent chapters deal with such areas as lease renewals, dilapidations and repairs, subletting, changes of use and alterations, surrender, forfeiture, recovery of possession and of course, much more. There is also a chapter on service charge recovery in commercial premises, with the final chapter covering the expedient of ADR (alternative dispute resolution.)Further new material includes, for example, the construction of service charge clauses and the treatment of dilapidation claims. ‘Perhaps the greatest change,’ say the authors, ‘has been the abolition of distress for rent’ with the new law on the matter having come into effect in 2014 when commercial rent arrears recovery (CRAR) replaced the right to distrain. See Chapter 10 for further details of this important new development, of which all practitioners in commercial property must be aware.Not only is this a detailed work of reference, it has been logically organised with the busy practitioner in mind. First, there is the almost minutely detailed table of contents, some thirteen pages in length, which certainly makes it easier to look things up.And then there are the following: a detailed index at the back, numbered paragraphs throughout -- and no less than thirty-four appendices which provide carefully drafted precedents, claim forms, notices and draft proceedings and orders. These are also accessible on the accompanying CD-ROM, so that they can be tailored to individual requirements. Also note the extensive tables of cases, statutes and statutory instruments.Ideally, this book should be part of the professional library of every lawyer advising or acting in landlord and tenant matters, especially considering the thoroughness and eye for detail that this area of law requires. This new second edition especially, should be considered an essential purchase.The publication date is cited as at 2015.
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