Category: Property Litigation

McGuinness & Anor v Goldentree Financial Services PLC & Anor [2025] EWHC 870 (Ch)

Case Study: Commercial Lender Defeats Consumer Credit Claim (McGuiness v Goldentree 2025)

McGuinness v Goldentree [2025] EWHC 870 (Ch) clarifies investment property loan exemptions under Article 61A FSMA 2000. The High Court struck out regulatory challenges to commercial development finance, confirming contemporaneous evidence establishes business purposes. The judgment reinforces that former directors lack litigation authority during administration without administrator consent. This decision protects legitimate commercial lending from spurious consumer credit challenges whilst emphasising robust documentation practices for development finance practitioners.

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Section 8 Notices

Section 8 of the Housing Act 1988 allows a landlord to gain possession of a property under certain circumstances.

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How are the Courts dealing with COVID-related rental arrears?

The pandemic has resulted in revenue shortages and subsequent problems in meeting obligations, including the payment of rents and ancillary costs. We answer what options are available to tenants who are unable to meet rental payments.

Government announces 15 year limitation period for “shoddy workmanship” claims

Extension of limitation period for claims against property developers for unsafe cladding will lead to further breach of building regulation claims.

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Commercial leases not frustrated by COVID-19 restrictions, High Court rules

The High Court has ruled that commercial leases were not “temporarily frustrated” by the coronavirus (COVID-19) pandemic and therefore the tenants were still obliged to pay rents to…

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Court of Appeal holds negligent surveyor liable for house’s full diminution of value

In Large v. Hart, the Court of Appeal held a negligent surveyor liable for a house’s full diminution of value as a result of his failure to draw the purchasers’ attention to the property’s defects prior to completion.

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Professional Negligence: Solicitors duty to warn of obvious risks

In the Solicitors Disciplinary Tribunal case of SRA v David Hayhurst, the issue of whether a solicitor is under an implied duty to carry out work that is reasonably incidental to the retainer was examined.

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Residential Possession cases resume on 20 September 2020

The moratorium on residential evictions comes to an end next week. New guidance is out on how landlords can issue County Court possession proceedings on tenants who have unpaid rent. However commercial tenants are protected from eviction until the end of 2020.

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Practice Direction 51Z: Automatic stay of possession hearings and appeals

The Court of Appeal has held that the automatic stay on possession proceedings imposed by Practice Direction 51Z also applies to appeals against possession orders.

COVID-19: Protection for Commercial Tenants

The Government has announced measures to protect commercial tenants who cannot pay rent because of COVID-19, from eviction. If you need help with renewals, evictions or breach of tenancy, our expert business tenancy solicitors are ready to help you.