2012

3 December 2012

VAT: Breaking new ground

Elizabeth Small and Anthony Goodmaker discuss a recent ruling on whether TOGC rules can apply to the grant of a long lease.

First published in Property Law Journal, 3 December 2012.

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20 November 2012

Behind the new planning rhetorics

Oliver Wright asks if the Growth and Infrastructure Bill will inspire anything more than lively debates in parliament.

First published in Solicitors Journal, 20 November 2012.

 

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6 November 2012

Commercial property update

Considers recent developments in commercial property law including changes that may free property owners from chancel repair liability and lessons over parking enforcement.

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4 November 2012

Proceed with care

Landlords and tenants need to be aware of the many legal provisions that govern residential service charges, since mistakes can prove costly.

First published in Residential Property Journal, October - November 2012.

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20 October 2012

Tax: Preservation for the public

Harriet Atkinson examines HMRC's new guide to capital taxation and the national heritage.

First published in Trusts and Estates Law & Tax Journal, October 2012.

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12 August 2012

Call for clarity

With the Community Infrastructure Levy (CIL) coming into force, GL Hearn and Forsters are calling on the CLG to resolve serious issues with implementation and to produce guidance on its application of the Regulations.

 

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3 August 2012

Auctioneer counts cost in case of mistaken identity

The message: Auctioneers need to double-check the true ownership of properties they sell

The case: The High Court considered how to properly assess the liability of auctioneers who sell properties without proper authority, in Greenglade Estates v Strettons (12.07.12).

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29 June 2012

Withers on the vine: gardening advice to be avoided

The message: Solicitors’ advice should not be too forthright

The case: A law firm has been found negligent for not being cautious enough in advising buyers on whether an expensive London house had rights to a communal garden (Herrmann v Withers, 30.05.12).

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6 June 2012

Avoiding unequivocal election

A recent case has prompted the Privy Council to provide updated guidance on how to apply the principles of election, says Andrew Head.

First published in Solicitors Journal, 6 June 2012.

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5 June 2012

A cultural shift

Zahra Kanani applauds government attempts to encourage and support charitable giving.

First published in Summer 2012 - Charities Appeal Supplement.

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28 May 2012

Enfranchisement: more on houses

When is a house reasonable so called? A recent judgment throws some further light on the issue, as Natasha Rees finds out.

First published in Property Law Journal, 28 May 2012.

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25 May 2012

Make no mistake: expertly drafted leases can’t be rewritten

The message: The court will not readily correct documents drafted by experienced and skilled solicitors.

The case: The Court of Appeal has overturned a judgment that allowed a sublease to be rewritten to give effect to what the judge thought the parties really intended, in Scottish Widows Fund v BGC International (9 May 2012).

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15 May 2012

Commercial property update

Considers the recovery of rent in a tenant administration, the pitfalls of best endeavours obligations, the National Planning Policy Framework and flood risk and buildings insurance.

First published in Solicitors Journal, 15 May 2012.

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13 March 2012

Commercial property update

Considers the implications of the dilapidations protocol, break clauses, business rates relief and the meaning of 'unreasonable withholding of consent' in leases.

First published in Solicitors Journal, 13 March 2012.

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9 March 2012

A fictional purchase can come back for very real bite

The message: Solicitors acting for lenders could pay a heavy price for carelessness.

The case: The Court of Appeal has confirmed that defrauded lenders may be able to recover all their losses from their solicitors, following the case of Lloyds TSB Bank v Markandan & Uddin (09.02.12).

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3 February 2012

Lack of interest lands tenant in hot water

The message: Legal principles can take precedence over fairness.

The case: Yet another landlord has successfully defeated a tenant’s break clause on a technicality (Avocet Industrial Estates v Merol, 19.12.11). The right to break a lease early is valuable for a tenant but its exercise often involves overcoming hurdles, some of which the tenant may not even be aware of.

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23 January 2012

Houseboats: a question of ownership

Lucy Barber reviews a recent case where the court was required to consider whether the oweners of houseboats held as tenants or as licensees?

First published in Property Law Journal, 23 January 2012.

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20 January 2012

The court, the thief, his wife and her solicitor

The message: Free advice can prove very costly.

The case: The Court of Appeal has decided that solicitors can owe extensive duties to clients, even where quick advice is given at no charge (Padden v Bevan Ashford, 21.12.11).

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18 January 2012

High definition

Zahra Kanani translates the legal meaning of key charitable terms.

First published in Winter 2012 - Charities Appeals Supplement.

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