2012

Twists and turns on performance

First published in Planning magazine, 14 December 2012.

Estate Planning: benefits and pitfalls

Robert Keylock provides an update on the usefulness of discounted gift plans after Watkins v HMRC [2012].

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

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.

The growth and infrastructure bill - remember, remember, the localism agenda?

Oliver Wright reports on the Bill as it currently stands.

First published in Property Law Journal, 19 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.

Leasehold enfranchisement: 'House' redefined

The Supreme Court's ruling on the meaning of a 'house' will come as relief to large estate owners, as Natasha Rees explains.

First published in Property Law Journal, 5 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.

Design for living: 'House' defined by reference to purpose and function

The Supreme Court decision in Hosebay closes a major loophole in enfranchisement law, but it is not the final word on what constitutes a 'house', says Natasha Rees.

First published in Solicitors Journal, 23 October 2012.

Chancel repair liability - the effect of forthcoming changes in October 2013

Amanda Bottaro explains the effect of forthcoming changes in legislation and why property lawyers need to keep a close eye on the approach taken by parish councils.

First published in Property Law Journal, 22 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.

Building for boarders is bothersome without signing on dotted line

The Message: Project Managers owe substantial duties to protect their client's interests.

Slammed doors lead to tears and recriminations

The message: Landlords need to take more care to protect their tenants.

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.

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).

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).

Taxation of UK Residential Property, Consultation on proposed changes

Xavier Nicholas reviews the proposals for CGT and an annual charge in relation to property held by 'non-natural persons'.

First published in Property Law Journal, 25 June 2012.

Execution by beneficiary: confusing signs

Emily Exton and Katherine Harper provide an update on the Court of Appeal decision in Barrett v Bem.

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

A cultural shift

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

First published in Summer 2012 - Charities Appeal Supplement.

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.

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).

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.

The 5th annual step pacific rim conference, Santa Monica, May 4 2012

Enfranchisement: When is a country house a house?

Lucy Barber looks at a case relating to exlcuded tenancies under the Leasehold Enfranchisement Act 1967.

First published in Property Law Journal, 30 April 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.

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).

Occupiers' liability: the extent of the duty

Magnus Hassett examines three recent high-profile court decisions and what they mean for landowners and their advisors.

First published in Property Law Journal, 5 March 2012.

Private Client Business

Impact of marital and forced heirship on US/UK estate planning.

Taxation of UK resident non-domicilaires

Provides an overview of the UK tax treatment of UK resident non-domiciliaries under the remittance basis of taxation.

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.

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.

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).

Enfranchisement case law

Natasha Rees looks at recent developments from the Courts.

First published in News on the block, issue 58.

High definition

Zahra Kanani translates the legal meaning of key charitable terms.

First published in Winter 2012 - Charities Appeals Supplement.