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15 November 2011

Wills: Helping hand

Barrett v Bem sets an unusual precedent. First published in Trusts and Estates Law & Tax Journal, November 2011.

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8 November 2011

Commercial property update

Considers break clauses and vacant possession, uncompleted leases, superior landlord's consent and occupier's liability. First published in Solicitors Journal, 8 November 2011.

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14 October 2011

Service charges that are beyond reasonableness

The message: The test of reasonableness allows the law to be flexible, but also creates considerable uncertainty.

The case: The Upper Tribunal has determined whether or not it is reasonable to take into account the financial position of residential lessees before spending money on major works (Garside and Anson v RFYC and Maunder Taylor, 12.09.11).

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13 October 2011

News round-up

Zahra Kanani sets out recent developments in anti-money laundering, enforcement and BPR. Published in Trusts and Estates Law & Tax Journal, October 2011.

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23 September 2011

Valuers at a loss to explain error of judgement

The message: Professionals should not act without the required expertise

The case: The High Court has held valuers liable for damages of more than £18m over a negligent property valuation, but made clear that it is not liable for all losses caused by the purchase proceeding (Capital Alternative Fund Services (Guernsey) v Drivers Jonas, 09.09.11).

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12 September 2011

The VAT conundrum

Both landlords and tenants should seek to protect themselves in anticipation of a possible change to the VAT treatment of service charges for common areas.

Published in Property Law Journal, 12 September 2011.

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5 August 2011

Don’t get carried away on a subject-to-contract basis

The Message: Parties that jump the gun may well suffer the consequences

The Case: The Court of Appeal has again had to deal with a dispute between parties over an agreement that relates to considerable expenditure on land that was never properly documented (Haq v Island Homes Housing Association 20.07.11).

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