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Property Law Journal: 5 November 2012

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.

Forsters LLP

The Supreme Court’s ruling on the meaning of a ‘house’ will come as relief to large estate owners, as Natasha Rees explains

Enfranchisement practitioners have been waiting impatiently for the outcome of two appeals in the Supreme Court known collectively as ‘Hosebay’. The appeals, brought by two central London Landed Estates, The Day Estate and the Howard De Walden Estate, were challenging a Court of Appeal decision that a property used for commercial purposes could qualify as a ‘house’ for the purposes of the Leasehold Reform Act 1967. In a decision given on 10 October 2012, the Supreme Court unanimously allowed both appeals.

Nabarro LLP

The tactical use of administration timing continues following Goldacre and Luminar, as Robin Biela finds out

While figures published by the Office for National Statistics on 25 October 2012 show that Britain has officially recovered from the double dip recession, this will offer little comfort to landlords as market conditions remain unsteady. The collapse of JJB Sports and Optical Express in recent weeks are high-profile warnings that, despite modest economic growth and a reduction in profit warnings issued by listed companies, the prospect of insolvency still looms large over a host of UK retailers and businesses that rely heavily on commercial property for their operations.

Lauren Thomson considers the role of the project manager and how this has been interpreted by the courts

When something goes wrong on a construction project, the client/employer under the construction contracts will ask the natural question – who is to blame? It may be obvious when a client/employer should pursue an architect or engineer for failures in design or a contractor for defective workmanship, but the extent of a project manager’s liabilities, previously considered by the courts in the late 1990s, have been reaffirmed by two recent cases.

Paul Tonkin summarises recent case law

Paul Young examines the implications of the Green Deal

As 2013 approaches we will begin to see an increased focus on a low-carbon economy, with the introduction of the government’s Green Deal potentially changing fit-out requirements within private and commercially let property, and increased focus on low-carbon cities seeing a public sector led, city-wide, carbon reduction programme and a potential move towards decentralised energy across the UK.