News & Analysis as of

When is a company regularly engaged in the business of leasing goods?

The recent decision by the New South Wales Supreme Court in Forge Group Power Pty Ltd (in liquidation)(receivers and managers appointed) v General Electric International Inc [2016] NSWCA 52 provides useful guidance for...more

Demountable partitions - a barrier to vacant possession?

In Riverside Park Ltd v. NHS Property Services Ltd [2016] EWHC 1313 (Ch) a tenant's break notice was held to be ineffective because the tenant had failed to remove demountable partitioning from the premises and consequently...more

Partitions and Vacant Possession

We are often asked by landlords whether tenants need to completely strip out premises including partitioning when they are required to deliver up vacant possession. This is most common when break clauses are conditional on...more

Collateral 101: Perfecting Security Interests in Common and Uncommon Collateral

As most people (at least in the banking world) know, a security interest is the granting of an interest in property to secure obligations, usually loan debt. If the borrower defaults under its obligations, the bank can...more

Getting into a fix over landlord's fixtures and fittings

The recent Court of Appeal decision in South Essex Partnership University NHS Foundation Trust v. Laindon Holdings Ltd [2016] EWCA Civ 377 is a useful reminder that landlords should consider the interplay between the...more

Foundation: July 2015 • Vol. II, Issue 2

Warranty/Guaranty Provisions in Construction Contracts - The most confusion I have seen in the discussion of construction topics concerns the concepts of “warranty” and “guaranty.” This article will address the...more

11th Circuit: Security Interest in Fixture Does Not Equate to Security Interest in Real Property for Purposes of TILA

In Lankhorst v. Independent Sav. Plan Co., No. 14-11449, 2015 WL 3440288 (11th Cir., May 29, 2015), the Eleventh Circuit Court of Appeals held that the credit agreement the Plaintiff’s entered into did not convey the...more

Dilapidations case law update: Judgement continues recent trend in favour of tenants

Mapeley Acquisition Co (3) Limited (In Receivership) v City of Edinburgh Council [2015] CSOH 29: 24 March 2015 - Introduction - This case, which was heard in the Outer House of the Court of Session by Lord Doherty,...more

Real Estate Sales: Fixtures Can Be In the Eye of the Beholder (a/k/a Boilerplate Matters)

In re Trackwell, 520 B.R. 788 (Bankr. W.D. Mo. 2014) – The successful bidder at a bankruptcy auction of a ranch claimed that a cattle chute was included in the sold assets.  The debtors disagreed.  Resolution of the dispute...more

Fixtures Allowances in Commercial Property Transactions: Pooling and Fixed Value Requirements

New rules concerning capital allowances on the disposal of fixtures (first announced in 2011) are now in full force. The changes, which are procedural and impose additional formalities, are: - Mandatory pooling (which...more

Betterments and Improvements Socializing Losses for Owner Installations

It’s not often that the law expects people to insure property they neither own nor control, but the 2010 amendments to the Common Interest Ownership Act (CIOA) do exactly that by requiring most associations to insure...more

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