Articles & Downloads / Michael Duffy

Michael Duffy

Canary Wharf v European Medicines - can a Tenant terminate it's lease early in light of Brexit?

20 November 2018

There is still a massive amount of uncertainty surrounding Brexit and its implication for businesses in the UK. In the context of commercial leases, one interesting case is the ongoing saga between Canary Wharf Group and the European Medicines Agency. The European Medical Agency (the Tenant of the premises in question) are arguing that its 25 year lease of its London Headquarters at Canary Wharf has become frustrated. The European Medicines Agency is arguing that under the Doctrine of frustration, they should be released from their liability under the lease as they are unable to perform their obligations under the lease, due to events occurring outside their control. The event outside its control is of course Brexit which they are saying has ‘frustrated’ their lease with Canary Wharf Group. Read More

Michael Duffy

Recovering loss arising from a negligent survey when purchasing a property?

14 August 2018

Picture the scenario: a prospective purchaser has instructed a surveyor to prepare a report. The report shows that the property is structurally sound and the purchaser purchases the property on the strength of the survey. After moving in, the purchaser discovers defects or other adverse issues that were not revealed by the survey. Read More

Michael Duffy

Property transactions - know who you’re dealing with!

08 November 2017

The 2016 English case of Dreamvar (UK) Ltd v Mishcon de Reya illustrates the importance of knowing your client and exactly who you are acting for. This case related to a property in London which was being sold quickly. It was not occupied and there was no mortgage over the property. Read More

Michael Duffy

It’s all about control!

23 March 2017

The High Court in Northern Ireland has recently considered the law relating to the setting aside of transactions carried out by a bankrupt in the years leading up to the order of bankruptcy. Read More

Michael Duffy

Replies to enquiries are a key element when you are selling property

29 November 2016

You are selling a property and you want the transaction to proceed as quickly as possible. Title has been satisfactorily deduced to the buyer’s solicitor, property searches and certificates have been returned with no issues and the buyer’s finance is in place. The only outstanding point to be dealt with before the parties can enter into contract is for you, as the seller, to provide replies to enquiries. Read More

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