Real News - Winter 2015/16

Real News

Real Estate Update

Welcome to the winter edition of Real News in which:

  • Ben Barrison reports on the long awaited Supreme Court's decision in the case of Marks & Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited; 
  • We dedicate two articles to the law surrounding the recovery of arrears from former tenants and guarantors. Lucy Hopson considers the case of K/S Hasbro-Gatwick v Scottish & Newcastle Limited and provides useful pointers to landlords pursuing arrears. Petra Billing and Sam Millington then consider the case of Lee v Sommer and how a landlord can, in the absence of serving a section 17 notice, still recover arrears from former tenants and guarantors;
  • Earle Brady and Laura Moorcroft look at the increase in construction costs and provide thoughts on how to mitigate the effects of rising costs; 
  • Alasdair Thomas writes about the law surrounding penalty clauses and looks at the recent decision in the joined appeal to the Supreme Court of Cavendish Square Holding CV v Makdessi and ParkingEye Ltd v Beavis; and 
  • Lastly, we re-run an article first published in the 22nd edition of DLA Piper's Real Estate Gazette. Nicholas Redman looks at how the installation of art in urban spaces can pose difficult legal questions.