Publications by Rob Nicholson
Rights to light - literally bringing the house down!
The recent decision in HKRUK II (CHC) Limited v Marcus Alexander Heaney will have been received by developers with a large degree of shock. In this rights to light case the court granted a mandatory injunction, compelling the developer to remove part of two floors of an office block where the building work had been completed and one of the floors had already been let to a tenant!
Are the Courts now starting to turn against Company Voluntary Arrangements (CVAs)?
Does the decision in Mourant & Co Trustees Limited v Sixty UK Limited (in Administration) demonstrate a shift in the balance of power from Tenant to Landlord or is it perhaps just a reflection of the specific facts in this particular case?
Could a Tenant achieve a tactical advantage by making an application for summary judgement in contested Lease Renewal proceedings where the Landlord was in administration? The decision in Somerfield Stores Limited v Spring (Sutton Coldfield) Limited gives a very clear answer - No!






