Fri08182017

Last updateTue, 24 Feb 2015 5pm

Property Law Journal: 2 May 2011
Gowling WLG

With HMRC’s attentions focused on sub-sale arrangements, Lee Nuttall reviews the findings of the recent decision DV3

Stamp duty land tax (SDLT) was launched in the midst of the longest sustained period of growth in UK property values. The suspicion is that, for a number of years, HM Revenue & Customs (HMRC) was so sufficiently ‘in clover’ as a result of SDLT receipts from those not using tax planning that it had little appetite (or resource) to challenge those who had used tax planning.

Sarah Youren considers a change in relation to the rules on whether planning permission is required for demolition, as well as some proposed planning changes announced in the Budget

The rules on demolition have now changed: firstly with a Court of Appeal case heard on 25 March 2011, and secondly with a letter to the chief planning officers from central government.

Nabarro LLP

Gemma Mills and Nick Lloyd discuss the court’s discretion to award damages in lieu of injunctive relief

In HKRUK II (CHC) Ltd v Marcus Alexander Heaney [2010], the Chancery Division:

Nabarro LLP

Jonathan Cohen looks at the impact of EU legislation providing tenants with the ability to get a better deal on electricity

Owners of multi-let commercial buildings who bulk-buy electricity supplies and then on-charge to their tenants could be in for a shock. Recently introduced EU legislation provides powers for tenants to get better electricity deals from alternative electricity suppliers other than the one chosen by the landlord, and these new rules may also mean that landlords could be committing criminal offences.

Eversheds

The implementation of the Jackson reforms, as announced by Kenneth Clarke on 20 March 2011, sees a return to the way litigation was funded 15 years ago, as Glenn Newberry finds out

Over the past 10 years, the UK has seen a proliferation in personal injury claims, resulting in fears by many that the UK is developing a US-style ‘claims culture’.

Laurie Heller provides a review of the Act in the context of recent case law

The recent decision in Kaye v Lawrence [2010] corrects a misunderstood issue under Party Walls etc Act 1996. It also provides a pretext for considering rights of support under the Act. The title to the Act is, perhaps, a touch misleading in that its scope is wider than mere party walls (as indicated by the presence of ‘etc’); it would perhaps have been more aptly titled, say, as ‘Protection of Adjoining Properties Act’. It is not framed in relation to natural rights and easements of support, but is solely concerned with the duties of a building owner proposing to carry out works that will, or may, affect the property of the adjoining land owner. The Act is concerned with the requirements to regulate how a construction project is to be carried out so that the property of the adjoining land owner is protected by preparatory measures and that, if damage is caused in the construction process, for compensation to be payable.