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25 February 2010 / Lesley Hughes
Issue: 7406 / Categories: Features , Property
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If the cap fits

Lesley Hughes confirms why the courts won’t sanction the invention of a special purchaser

As landlords chase terminal dilapidations claims ever harder in times when redevelopment opportunities are scarce, tenants are increasingly turning to s 18(1) of the Landlord and Tenant Act 1927 to try to cap their liabilities.
The Court of Appeal decision in Van Dal Footwear Ltd v Ryman Ltd [2009] EWCA Civ 1478, [2009] All ER (D) 41 (Dec) has left little doubt about what test the courts must apply when looking to cap damages arising from a breach of covenant to keep a property in repair. The case also clarifies the position with respect to the effect on value of reversionary leases. While the landlord’s reversionary interest must by valued subject to binding sub-tenancies, any reversionary lease (whenever and with whoever granted) must be ignored

Case history

Ryman occupied a 17th-century listed building under a lease, the term of which had expired. It continued to occupy the premises under a series of tenancies at will, each of which kept alive

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NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
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