All Analysis articles – Page 7

View all stories of the same content type.

  • Analysis

    Land Registration Fee Order 2013

    2015-09-22T15:47:00Z

    All content provided by LexisNexis . Jurisdiction England; Northern Ireland; Scotland; Wales Enactment Citation SI 2013/3174 Commencement date 17 March 2014 Legislation Affected SI 2012/1969 revoked Enabling Power Land Registration Act 2002, ss 102, 128(1) Abstract SI 2013/3174: Fees are reduced for applications to ...

  • Lucie-Anne Rhodes
    Analysis

    Spotlight: Orientfield Holdings Ltd v Bird & Bird LLP

    2015-09-18T15:44:00Z

    Lucie-Anne Rhodes discusses this recent High Court ruling, in which a firm of solicitors was ordered to pay £1.8 million in damages to its client for failing to disclose relevant information about a property purchase

  • Lesley King new
    Analysis

    10 things you should know about the new residence nil-rate band

    2015-09-09T11:15:00Z

    Legislation was introduced in the Summer Finance Bill 2015, published in July, to provide for an additional main residence nil-rate band. Lesley King explains the implications for inheritance tax

  • Cait Sweeney NEW
    Analysis

    Central Bank of Ecuador v Conticorp SA [2015] UKPC 11

    2015-08-20T15:10:00Z

    The Privy Council has reversed findings on dishonesty from the lower courts, and provides a useful reminder in relation to appealing findings of facts

  • eu flag
    Analysis

    Brussels IV is here: what you need to know

    2015-08-17T12:57:00Z

    The new European succession regulation, better known as Brussels IV, came into force on 17 August. It will have an impact on both UK residents with property in other EU states and UK expatriates resident in other EU states. Lesley King presents a top-level, back to basics guide

  • Peter Reekie, commentator
    Analysis

    Commercial sense? Arnold v Britton and service charges

    2015-08-17T10:17:00Z

    The Supreme Court has considered whether a service charge clause in leases of holiday chalets should be interpreted as obliging the tenants to pay a fixed sum with a fixed annual increase

  • Cait Sweeney NEW
    Analysis

    Michael Wilson & Partners Ltd v Sinclair [2015] EWCA Civ 774

    2015-08-07T14:01:00Z

    Court of Appeal confirms that the principles set out in Mitchell  have to be read in the light of Denton

  • Samantha Ewing
    Analysis

    Spotlight: Ilott v Mitson [2015] EWCA Civ 797

    2015-08-05T16:06:00Z

    Heather Ilott has been awarded £164,000 from the estate of her estranged mother by the Court of Appeal, even though her mother’s will expressly stated that she should receive nothing. Are other wills now at risk? Samantha Ewing and Margaret Windram considers what lessons can be learnt

  • Roger Hardwick
    Analysis

    Spotlight: Arnold v Britton [2015] UKSC 36

    2015-08-04T16:02:00Z

    In a long-awaited judgment on service charges that will be of interest to all residential property practitioners, the Supreme Court has considered the degree to which ‘commercial common sense’ can be deployed in contractual interpretation. Roger Hardwick explains

  • Cait Sweeney NEW
    Analysis

    Begum v Hossain [2015] EWCA Civ 717

    2015-07-31T14:07:00Z

    This case is an usual case of the court upholding a challenge to an expert determination, and a reminder of the limited grounds on which an expert determination can be challenged 

  • Clara Staunton
    Analysis

    Spotlight: King v Chiltern Dog Rescue

    2015-07-21T14:39:00Z

    The Court of Appeal has overturned a claim for donatio mortis causa (DMC) and added clarity to the law in this area. Clara Staunton, solicitor at Myerson, explains 

  • Lesley King new
    Analysis

    Court of Appeal reverses deathbed gifts decision

    2015-07-08T13:56:00Z

    The Court of Appeal has restated the law relating to donatio mortis causa, and clarified the test to be applied in determining such claims, explains Lesley King

  • annabel lee
    Analysis

    Spotlight: Re MN (Adult)

    2015-06-30T08:22:00Z

    This appeal raises fundamental questions as to the nature of the Court of Protection’s jurisdiction. What guidance can it offer us? 

  • annabel lee
    Analysis

    Spotlight: Re X (Court of Protection Practice)

    2015-06-25T17:15:00Z

    The Court of Appeal has confirmed that both domestic law and the requirements of article 5 of the ECHR currently mandate that P is joined to proceedings for judicial authorisation of the deprivation of their liberty

  • Cait Sweeney NEW
    Analysis

    Nokes v Heart of England Foundation NHS Trust [2015] EWHC B6 (Costs)

    2015-06-23T08:11:00Z

    In one of the first judgments since the Jackson reforms, Master Leonard has given useful guidance on the extent of recoverability of post-LASPO ATE premiums in medical negligence claims

  • Matthew Duncan
    Analysis

    Spotlight: Sharp v Hutchins

    2015-06-19T13:17:00Z

    The High Court has upheld the 2013 will of an elderly bachelor who left his estate to a builder he befriended, leaving the beneficiaries of an earlier will disappointed. Matthew Duncan considers its significance to practitioners

  • Peter Reekie, commentator
    Analysis

    Blurred boundaries

    2015-06-18T16:10:00Z

    The Court of Appeal in Wood v Waddrington has confirmed the approach the court will take with regards to the operation of section 62 of the Law of Property Act 1925 in relation to the creation of easements

  • Ben Roberts colour
    Analysis

    Spotlight: Project Blue Ltd v HMRC

    2015-06-18T14:44:00Z

    Ben Roberts discusses the first test case involving the application of section 75A of the Finance Act 2003, an anti-avoidance SDLT provision, and its implications for SDLT planning

  • Lesley King new
    Analysis

    Have I the right?

    2015-06-03T17:26:00Z

    The public guardian has been criticised by the Court of Protection for refusing to register a property and financial affairs LPA. Lesley King explains why

  • Cait Sweeney NEW
    Analysis

    P v P [2015] EWCA Civ 447

    2015-06-03T11:39:00Z

    Court of Appeal upholds Mr Justice Mostyn’s decision to vary a trust in a nuptial settlement, in order to meet the wife’s financial claim. In his judgment, Lord Justice Jackson gave guidance about the procedure to appeal a High Court decision