Last updateTue, 24 Feb 2015 5pm

9 Stone Buildings

9 Stone Buildings

The protection afforded to pubs by being listed as ACVs and restrictive covenants limiting user can be circumvented in some circumstances, as Christopher Cant reports

A recent decision by the Upper Tribunal (Lands Chamber) has interestingly given a reminder that when attempting to convert a public house to another use it is not just a question of considering two regimes – assets of community value (ACVs) and planning.

Rory Brown examines the principles governing freezing injunctions

There are seven principles that govern, or should govern, the jurisdiction of the court to grant a freezing injunction (FI) rather than the three as suggested by Beatson LJ in JSC BTA Bank v Ablyazov [2013] at para 34.

Rory Brown looks at the lessons to be learned from the 1975 Act application in Wright-Gordon v Legister [2014]

This article summarises the careful and learned judgment in the titular case before seeking to draw out some of its implications for private client practitioners. In light of the contradictory stories told by the claimant and the defendant to the action, this authority will most easily be remembered as the ‘Big Sister Case’. It is recommended reading for lawyers practising in this field because of the dearth of modern authority on the application of the relevant provisions of the Inheritance (Provision for Family and Dependants) Act 1975 (the Act).

Christopher Cant assesses the dangers of terminating prematurely with the consequent threats of repudiatory breach

Terminating a contract for the sale of land has always been a dangerous step justifying extreme caution. The danger to be avoided is that one party may treat a breach by the other as a repudiation of the contract and accept that repudiation, only for it then to be held that the breach was not a repudiation, and so the acceptance is itself a repudiation that may be accepted by the party in breach. The party not in breach is converted from innocent party to transgressor with heavy financial penalties.

Christopher Cant explains how to avoid problems with easements on sales of part

At a recent seminar, I was asked by a surveyor if easements were important. For a lawyer the answer is simple: extremely. They are part of the nitty gritty of everyday life in the property world as one of the means by which relationships between different properties and their occupants are governed.

Christopher Cant contemplates some of the unwelcome consequences of the CIL regime and the government’s efforts to deal with them

Many developers had hoped that the community infrastructure levy (CIL) would be pushed into abeyance. However, this hoped-for outcome shows no signs as yet of materialising. Rather, there appears to be an accelerating implementation of the procedure leading to the approval and publishing of CIL charging schedules by charging authorities as deadlines begin to loom. Recently, the Community Infrastructure Levy (Amendment) Regulations 2012/2975 (2012 Regulations) have been swiftly enacted. These seek to tackle some of the problems with the new CIL regime that have come to light. Although the CIL regime is intended to be simple and certain in operation it has resulted in some complicated and potentially harsh outcomes.

Christopher Cant considers a decision providing guidance on the construction of documents registered at HM Land Registry

The recent Court of Appeal decision in Cherry Tree Investments Ltd v Landmain Ltd [2012] concerns the construction of a defective charge. The case arose from a failure to complete panel 9 in Land Registry form CH1 and the attempt to make good the defect by construction rather than by a claim for rectification. What is of much wider significance is the view of the majority in the court as regards the correct approach to adopt on the construction of documents registered at HM Land Registry. This is a point that has not been previously considered in this country even though there have been opportunities. It is a point that has been considered by the courts in Australia, and reference to these cases had been included.