Commercial Property Litigation 2nd ed

The second edition of Commercial Property Litigation is a fully updated authoritative handbook for property litigators. It combines an analysis of the relevant substantive law and procedure with practical know-how focusing on common issues and problems faced by the property litigator.

The authors’ explanatory commentary is supported by expertly drafted precedents, checklists, and extracts from key pieces of 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

• Break Clauses; important recent cases on the construction of break clauses, implication of terms, 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; single County Court; 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