UK & Europe
Welcome to the April 2019 edition of the Real Estate Bulletin.
This edition brings you an update on recent decisions and legal developments affecting the property industry:
The eagerly awaited judgment in Canary Wharf (BP4) T1 Limited and others v European Medicines Agency  EWHC 335 (Ch) proved to be a source of frustration for the EMA which wanted to get out of its lease of premises at Canary Wharf following the 2016 Brexit referendum.
The owners of glass-fronted apartments were unable to persuade the court that their privacy rights were infringed when the Tate Modern incorporated a viewing gallery in its Blavatnik Building: Fearn and Others v The Board of Trustees of the Tate Gallery  EWHC 246 (Ch).
In Fouladi v Darout Limited and others  EWHC 3501 (Ch) a leaseholder successfully sued a neighbour whom she found excessively noisy but her claim against their mutual landlord failed.
We report on decisions made by the Upper Tribunal (Property Chamber) on an application for interim rights and a dispute about the consideration payable to a site provider under the Code: EE Limited and Hutchison 3G UK Limited v The Mayor and Burgesses of the London Borough of Islington  UKUT 361 (LC) and  UKUT 53 (LC).
Despite variations to a landlord’s works which were deemed to be material under the terms of a contract, the court ordered that practical completion was not prevented in Mears Limited v Costplan Services (South East) Limited and others  EWCA Civ 502 (CA).
Gibbs v Lakeside Developments Ltd  EWCA Civ 2874 is the sorry tale of a leaseholder who lost a valuable asset because she missed opportunities to defend her landlord’s claims for arrears and forfeiture.
The Home Secretary has announced plans to increase police powers to tackle illegal traveller sites.
Permission to appeal to the Supreme Court has been granted in the case of Duval v 11-13 Randolph Limited  EWCA Civ 2298.
If you have any questions or would like to discuss any of the topics further, please don't hesitate to contact the article author or your usual Clyde & Co contact.