Richard Snape
speaker
890 appearances
8 recordings
1 series
first heard May 2026
last heard 22 Jul
Richard Snape’s voice in public audio — every appearance, attributed to the second.
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recordings per month · last 12 monthsRecordings per month over the last 12 months — 8 in all, peaking in Jul 2026 with 5.
Appearances
There's actually only been one case, and that's a strange one.
Crell and Henry, 1903, when the coronation of Edward VII was unsolved because he was ill with peritonitis, and somebody had leased out a flat to watch the coronation for...
two days in June of 1902, and they decided that was a frustration event, but that was the whole of the time that, you know, the duration of your agreement, and it's about the only thing that's come close to succeeding.
So that's what they tried to argue, and would you like to know the decision?
You can probably guess the decision on the basis of what I've said previously.
And the fact it was a summary of judgment, probably not a full court hearing, probably tells you something.
The judge decided that...
Well, basically, they'd entered into, initially in the lease, a very onerous repairing obligation.
And the tenants had an unlimited obligation to renew or replace, rebuild, reconstruct, renew or replace the whole of the building.
Well, basically, a very, very onerous repairing obligation, which suggests that they took on the risk.
They also had entered into an agreement for lease, and the agreement said that...
Any time during the agreement for lease, the landlords would be the ones who were potentially liable for defects in the building work, but it was expected, didn't seem to happen, but it was expected that when the lease actually was granted, they would be the ones, they would have to enter into collateral warranties
with the deeds of warranty with the developers, the builders, to have a direct obligation.
But, you know, so the tenants had agreed that.
They at least didn't exclude in any warranty that the property was suitable for the tenant's purpose.
And basically the tenants had, you know, the parties had allocated the risk to the tenants and the defects were foreseeable risks.
which they, you know, weren't unforeseeable.
And for all those reasons, the fact that it was foreseeable and the risks had been passed clearly to the tenant and owners, repairing obligations and so on, it was not a frustration event.
As you mentioned at the beginning, they also tried to argue that since the lease had been entered into, there had been some post-Grenfell legislation, the 2021 Fire Safety Act,
It came into force in England in May of 2022 and basically says that the obligations are enhanced.
Showing 521–540 of 890 · page 27 of 45
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