26 July 2013

Need for peace and quiet leaves car auction firm fuming

The message:  Location dictates whether noise is a nuisance.

The case:  The Court of Appeal has emphasised the character of the locality is important in deciding whether a business is causing a nuisance, in Merthyr Tydfil Car Auction vs Thomas (11.07.13).

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12 July 2013

Take it away, boys: fixtures are not part of land

The message: a tenant can remove substantial plant and equipment from premises.

The case: In an important case for tenants who cease to trade, the court has clarified the law with regard the removal of fixtures and fittings, in Peel Land & Property (Ports No 3) vs TS Sheerness Steel (14.06.13).

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9 July 2013

Residential Property update:

Natasha Rees and Emma Gosling assess the changes to residential service charges in the light of cases on notification requirements, time limits and consultation before qualifying works.

First published in Solicitors Journal, 9 July 2013.

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28 June 2013

Don't bank on guarantor in case of alterations

The message: Any material variation can discharge a guarantor.

The case: A guarantor has successfully challenged its liability to meet substantial liabilities under a 1981 lease in Topland Portfolio No 1 vs Smiths News Trading (06.06.13).

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12 June 2013

Supreme Court ruling : Petrodel v Prest [2013] UKSC 34 - Newsflash

The Supreme Court has found in favour of Mrs Prest, with the size of her award at £17.5m remaining unchanged.  What is of particular interest in this case, is the interplay of family and corporate law, and the remarks made in the Court of Appeal that the family court could not run by its own set of rules, but must be consistent with other divisions of the High Court.  Also, the family judge Th

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10 June 2013

Deal with liabilities before death

Dominic Ribet reports on whether the amendments to IHT legislation contained in the recent Budget will lead to any unintended consequences.

First published in Trusts and Estates Law & Tax Journal, June 2013.

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