Tag Archives: v

Analysis: Early closure of the ROCs regime ruled lawful

Summary The Government’s decision to close the Renewables Obligations Certificates (ROC) subsidy scheme for larger solar PV installations (above 5MW) two years early, and the grace periods introduced to mitigate the effects of the closure, were upheld as lawful by the High Court at the end of 2014 after a challenge by solar operators. This … Continue Reading

(US) Present Value in Lease Terms: PA Superior Court Holds Reductions in Present Value Must Be Explicitly Stated In The Lease

On August 19, 2014, the Pennsylvania Superior Court affirmed a trial court’s decision not to reduce accelerated damages awarded to a landlord to present value, thereby strengthening the landlord’s position with respect to acceleration clauses in an already landlord-friendly state. The case, Newman Development Group of Pottstown, LLC v. Genuardi’s Family Market, Inc. and Safeway, … Continue Reading

(US) PA Supreme Court Attempts to “Take” Eminent Domain Apart: Ruling restricts water authorities power to condemn but avoids broader constitutional law questions

In September, the Pennsylvania Supreme Court unanimously decided in Reading Area Water Authority v. Schuylkill River Greenway, that a “water authority” may not condemn a utility easement over privately-owned land for the sole purpose of providing a private developer sewage and drainage facilities for a proposed residential housing development. The case is important because it … Continue Reading

(UK) Lease Guarantees: An Update

When tenants offer landlords guarantees of their lease liabilities landlords need to take care what assignment rights the tenant can have and this was demonstrated in last week’s Court of Appeal decision in Tindall Cobham 1 Ltd v Adda Hotels. As you may recall, prior to the KS Victoria case (previously reported here) it was … Continue Reading

(US) The Case That Could Disrupt a Century of Settled Law: PA Supreme Court to Hear Appeal of Shedden v Anadarko

This post and related article was also written by Michael Joy and Robert Jochen. In an article that appears in The Legal Intelligencer, the authors discuss the significant impact that will result from a successful PA Supreme Court appeal of the lower court decisions surrounding Shedden v. Anadarko E & P Co., L.P., 88 A.3d 228 … Continue Reading

(UK) Tenants Break Rights

This post was written by Lynsey Ellard and Siobhan Hayes There has been much commentary in the property press over the last few days reporting on the eagerly anticipated outcome of BNP Paribas’ appeal against the High Court’s ruling last year that allowed M&S (BNP’s tenant) to recover £1.1m of rent and other charges after … Continue Reading

(US) Are you selling Real Estate or Securities? How Condo/Hotel owners and developers can avoid problems

This post was written by Joe Marger and Leah Speckhard The Supreme Court’s refusal in February 2014 to hear the real estate driven Ninth Circuit case, Salameh v. Tarsadia, provided Condo-hotel owners and developers with relatively clear guidelines on how to avoid securities issues and/or litigation when selling Condominium units. The determination of what constitutes … Continue Reading

(US) Ohio 7th District Court of Appeals provides much needed clarity on Dormant Mineral Act

On April 8, 2014, the Court of Appeals for the Seventh District of the State of Ohio issued its opinion in the matter of Walker v. Noon (2014-Ohio-1499). In Walker, the Court considered competing claims to a previously severed mineral estate between a surface owner, Jon Walker, Jr. (“Walker”), and the purported owner of the … Continue Reading

(UK) What a Relief – from Empty Rates Liability

This post was written by Jo Carter and Siobhan Hayes. The controversy over the unfair and anachronistic business rates system is constantly in the main stream press at the moment and today saw the BBC report on the expected announcement of a freeze to rates rises to be announced by the Chancellor in the Autumn … Continue Reading

News on Guarantees

This post was also written by Jon Pike and Richard Perkins. Last spring we posted on the difficulties facing landlords and tenants as a result of the High Court decision in Good Harvest.  Yesterday we had some good news as the Court of Appeal has reconsidered the point and introduced some commercial common sense into the law.… Continue Reading
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