25 May 2012
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).
15 May 2012
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.
4 May 2012
30 April 2012
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.
13 March 2012
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.
9 March 2012
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).
5 March 2012
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.
4 March 2012
Impact of marital and forced heirship on US/UK estate planning.
7 February 2012
Provides an overview of the UK tax treatment of UK resident non-domiciliaries under the remittance basis of taxation.
3 February 2012
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.