November 2012 #299 – Law Journals

Case Round Up

Paul Tonkin summarises recent case law Mortgagee’s losses on fraudulent sale Godiva Mortgages Ltd v Khan [2012] In this case, Godiva lent £321,750 to Mrs Khan in the belief that it would acquire a legal charge over a property that she was purchasing. In fact, it transpired that there was no purchase as the purported …

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Utilities: Greenbacks

Paul Young examines the implications of the Green Deal ‘It is clear that the Green Deal is likely to face challenges, mainly in relation to creating a product that is both attractive to the consumers and providers while not requiring such a significant level of subsidy from the government.’As 2013 approaches we will begin to …

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Leasehold Enfranchisement: ‘House’ redefined

The Supreme Court’s ruling on the meaning of a ‘house’ will come as relief to large estate owners, as Natasha Rees explains ‘It does seem excessive that it has been necessary to ask seven Justices of the Supreme Court to determine the meaning of the word ‘house’ when it is one of the 200 most …

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Administrations: The test of time

The tactical use of administration timing continues following Goldacre and Luminar, as Robin Biela finds out ‘It seems inevitable that litigation and debate will continue over the appropriate balance of rights enjoyed by landlords, tenants and insolvency practitioners as high-profile companies continue to flirt with insolvency.’ While figures published by the Office for National Statistics …

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Construction Contracts: A word of warning for project managers

Lauren Thomson considers the role of the project manager and how this has been interpreted by the courts ‘Traditionally, the courts have found it difficult to define the role of a project manager, referring to the practice as an ’emerging professional discipline’ and stating that the requirements would depend to a large extent on the …

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Chancel Repair Liability: One foot in the grave

Jon Dickins assesses the past, present and future of chancel repair liability Chancel repair liability is a rare financial liability for owners of land in England and Wales to pay for repairs to the chancel of their local medieval Anglican parish church. The days of it being a nasty surprise for unsuspecting buyers are numbered …

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