‘Newcomers’ injunction
London Borough of Enfield v Snell and others [2024] EWHC 2064 (KB)
A further instance of the use of an injunction made against unidentified and unknown persons that have not yet performed, or even threatened to perform, the acts which the injunction prohibits, in this case trespass.
Damages for alterations without consent
Brown v Ulrick [2024] EWHC 2041 (Ch)
Where a residential property had been altered without the landlord’s consent, and the tenant company had gone into voluntary liquidation, the landlord successfully challenged the liquidator’s rejection of the proof of debt. The judgment usefully discusses the assessment of damages for breach of alterations covenant, and when reinstatement costs will be recoverable rather than diminution in value.
Forfeiture, waiver and relief
Bijlani v Medical Express (London) Ltd [2024] EWHC 2246 (KB)
A Harley Street dentist’s lease of her consulting rooms was forfeited after her registration as a dentist was suspended. Relief from forfeiture was granted, and the case deals with waiver and the exercise of the discretion to grant relief.
Learning Objectives:
To cement learning of new developments in the past month, and/or gain awareness of others that busy practitioners may have missed.
Mark Shelton
Commercial Property Management Law Trainer • CPM Law Training Ltd
Mark Shelton is a freelance legal trainer, having practised in major commercial law firms for thirty years. He qualified with Linklaters and has always specialised in property litigation. Mark was a Partner at Lawrence Graham, and has acted for major property investors, financial institutions and leading retailers. He was a Professional Support Lawyer for a number of years, most recently at Eversheds Sutherland LLP, working with the UK’s largest specialist real estate litigation team. He is a contributor to Estates Gazette, Property Week and Property Law Journal, and the author of books on:
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