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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
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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