Test – Page 190
-
FeatureThe early bird
The upturn in the commercial property market has seen pre-letting come once again to the fore. Stephen Boyle explains how it works, and what commercial property solicitors need to know when drawing up pre-let leases
-
FeatureGreen and pleasant land?
The high-profile case of the undercroft on London’s South Bank has highlighted the continuing issues around town and village greens. Antonia Murillo explains the law and practice, and how solicitors should advise landowners wanting to develop unused land
-
FeatureEnergy bar
Prospective legislation in the Energy Act 2011 could mean that from April 2018 landlords cannot let environmentally inefficient properties. Karin Horsley and Joanne Anderton outline the steps to take now
-
FeatureOpen house
New legislation offers homebuyers and tenants greater protection from misleading statements about properties, but it will also affect property agents and solicitors. Robert Bolwell explains
-
FeatureThe weakest link
Marlon Appleton provides a step-by-step guide to one of the trickiest elements of stamp duty land tax: how the legislation applies to transactions linked by connected persons, in a series, or within a single scheme
-
FeatureAfter the flood
Insurance for properties at risk of flooding has been uncertain since the end of the ‘Statement of Principles’ last year. The new ‘Flood Re’ arrangement seems to offer light at the end of the tunnel, but, asks Jo Morgan , will it be fit for purpose?
-
FeatureSafe as houses
Conveyancing has traditionally been considered a high-risk area for complaints and insurance claims from both clients and lenders. Steve Ray explains how conveyancing firms can allay these concerns for the insurers and get the best out of this year’s renewal process
-
FeatureLease and bounds
Late last year, the Law Society responded to the Law Commission’s consultation on areas of landlord and tenant law in need of reform. Warren Gordon outlines two of the issues in our response, on guarantees and contracting out
-
News
New capital allowances practice note
From 1 April 2014 for corporation tax payers and 6 April for income tax payers, capital allowances, which allow for tax relief for fixtures in property, must be identified and documented at the point at which commercial properties are bought or sold, or they will be lost forever. ...
-
-
Analysis
Hallam Estates Ltd v Baker [2014] EWCA Civ 661
Overturning a Circuit Judge’s decision refusing relief from sanctions, Lord Justice Jackson stated that, as long as proceedings are not disrupted, parties will not be in breach of their obligations to their client by considering reasonable extensions of time.
-
Analysis
R (on the application of Andrews) v Secretary of State for Environment, Food and Rural Affairs
In a test case with the potential to affect 500 to 1,000 other public rights of way, the claimant challenged the defendant Secretary of State’s decision, upholding a local authority’s refusal to modify the definitive map of the area to include a public bridleway.
-
Analysis
Balevents Ltd v Sartori
The claimants brought proceedings against the defendant, contending that he held registered title in respect of part of a pavement in front of a club on a constructive trust for one of them and that the register should be rectified accordingly.
-
AnalysisCoventry v Lawrence and changes to the law of nuisance
Peter Reekie considers the implications of a recent case in relation to how remedies should be applied following the breach of an easements
-
AnalysisSpotlight: Marks & Spencer v BNP Paribas
The Court of Appeal has overruled an earlier High Court decision that would have allowed Marks & Spencer to claim back over £1 million in rent and other charges.
-
Analysis
Cox v Ergo Versicherung AG [2014] UKSC 22
The Supreme Court has ruled on the law applicable to claims in respect of fatal accidents where the accident happened abroad. The Fatal Accidents Act 1976 does not have universal application.
-
Analysis
Chartwell Estate Agents Ltd v Fergies Properties SA & Anor [2014] EWCA Civ 506
The Court of Appeal upheld a decision to grant a claimant relief from sanctions, deciding that to threaten the entire progress of a case would be too severe.
-
Analysis
Integral Petroleum SA v SCU Finanz AG [2014] EWHC 702 (Comm)
The Commercial Court refused to treat service by email of the particulars of claim on the defendant as valid, despite the fact that this was not agreed by the defendant and was served late.
-
Analysis
Utilise TDS Ltd v Davies [2014] EWHC 834 (Ch)
The court considered whether, if a breach of a court order attracting sanctions can be viewed as trivial, could another trivial breach of the same order result in the first breach be viewed as non-trivial.