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Real Estate Law Blog

16 May 2018

Property Fraud after Dreamvar v Mishcon De Reya

The Court of Appeal has handed down its much awaited judgment in what has become known as the ‘Dreamvar’ case (Dreamvar (UK) Ltd v Mishcon de Reya and others). The  case is of interest to property and insurance professionals as well as the wider public as it concerned a fraudulent property transaction, an increasingly common occurrence.   Given its importance to all conveyancing practitioners, but specifically smaller practices,  the Law Society intervened so as to be able to make representations on behalf of the profession.

14 May 2018

Break no Mistake

The importance of obtaining legal advice when exercising a break right in a lease cannot be overstated.  Despite the flurry of case law in this area in recent years, tenants are still getting their fingers burnt and finding themselves tied into leases, with all the associated commitments, having failed to comply strictly with the requirements of the lease.  It can prove to be a very costly mistake to make for the sake of perhaps trying to save what were considered to be unnecessary legal fees.

1 May 2018

Negligence claims against the NHS pose a property conundrum

We have heard lots about the perilous state of the NHS recently, including the fact that it is being crippled by rising clinical negligence claims, which cost it nearly £1.7bn last year.

Vanessa Rhodes

26 April 2018

Indexed Rent Reviews – are we getting them right?

In almost every aspect of life we all like to get a good deal.  It is no different with commercial rent.  Landlords and Tenants alike, both parties will be keen to maximise their profits and minimise their risks, which is why rent reviews are a particularly fundamental and heavily negotiated contract term.  Essentially both parties want entirely the opposite from the other. 

22 March 2018

Revisiting Res Judicata

When issuing proceedings to recover possession of property from a trespasser, a property owner will also often want to include a claim for mesne profits, these being the damages for use and occupation of the property. However, there may be circumstances where such a claim is not pursued at the same time and, instead, the priority is simply to obtain an order for possession as quickly as possible. 

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