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Editor's note

Posted on 1 May 2024

Daniel Levy, Partner, Head of Real Estate Disputes, Real Estate

Welcome to our first edition of Property Litigation Watch for 2024.

In this issue, Alexandra Clough talks to Jennifer Jones KC of Atkin Chambers about two new remedies introduced by the Building Safety Act: Remediation Orders and Remediation Contribution Orders. 

Isabel Emerson-Lich & Camilla Chorfi of Falcon Chambers look at reforming the 1954 Act for a greener future. Isabel also interviews Tom Weekes KC for an episode of PLA's Counsel on the Couch, where he provides insights on the Supreme Court decision of Fearn and others v Board of Trustees of the Tate Gallery (2020/0056).

In our 'Speaker's Corner Q&A', Mark Reading hears from Joanne Wicks KC of Wilberforce Chambers.

We also feature two articles detailing recent case updates. The first examines the circumstances under which a failure to pay the deposit required upon exercising an option does not lead to the termination of the agreement, as seen in the case of IAA Vehicle Services Limited v HBC Limited [2024] EWHC 1 (Ch). The second discusses Sainsbury's strategy to overcome a landlord's ground (f) 'redevelopment' opposition to the grant of a new tenancy, highlighted in the case of Sainsbury's Supermarkets Ltd v Medley Assets Ltd [2024].

Finally, our 'On the horizon' piece looks ahead to key reforms and landmark cases expected across the commercial and residential property spheres in 2024.

We hope you enjoy this issue and welcome your feedback. If there is anything in this newsletter that you wish to discuss further, or if you have any ideas for future editions, please don't hesitate to contact any member of our property litigation team here.

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