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Oliver Foy explains why the reasoning in Hudson v Hathway is both wrong and undesirable in the context of common intention constructive trusts Common intention on its own does not justify a trust. Something more is needed to obviate s53(1)(b) of the Law of Property Act 1925 and bestow the beneficiary with a beneficial interest. …
Continue reading "Detrimental reliance: An unwelcome development"
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Dan Cudlipp and Phoebe Jackson focus on the judge’s analysis and application of causation and remoteness, which provides helpful guidance to building owners in fire safety disputes It is questionable whether claimants outside of construction defect claims, building safety claims or even fire safety claims will be able to utilise Martlet. As frequent readers will …
Continue reading "Construction focus: Martlet Part 2 – causation and damages"
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Fiona Sawyer provides a brief summary and analysis of the impact on planning reform of the Autumn Statement and the government’s subsequent announcements We’ve been told that the investment zones programme is not abandoned altogether, but will instead be ‘refocused’ to ‘catalyse a limited number of the highest potential knowledge-intensive growth clusters’ centred on universities …
Continue reading "Planning update: The autumn statement and more"
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Victoria Tague and Nicola Gooch consider the implications of a recent Supreme Court judgment relating to subsequent permissions on a development with a pre-existing planning permission, including what this means for CIL The Supreme Court’s solution to the need to vary large multi-unit consents is to require a replacement application, covering the whole site, setting …
Continue reading "Planning permission: An end to ‘drop in’?"
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Ian Creighton at Wilson Nesbitt considers the incongruous implications of a stamp duty cut on the Northern Ireland property market Changes to stamp duty made in England always have a dramatically different impact in Northern Ireland. There is, therefore, a compelling case to be made for setting a different rate for this country – as, …
Continue reading "Stamp duty land tax: The position in Northern Ireland"
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In the next of a series of articles highlighting the differences and similarities between the laws of Scotland and England and Wales, Michael Ramsay examines land registration and how technological advances are affecting process When the Covid-19 lockdown hit the UK in the first quarter of 2020, the Land Register in Scotland effectively had to …
Continue reading "Land registration: Registering the difference"
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Mark Pawlowski looks at the proper approach to granting relief under the doctrine of proprietary estoppel Proportionality lies at the heart of the doctrine of proprietary estoppel and permeates its every application. In particular, there must be a proportionality between the remedy and the detriment which is its purpose to avoid. The Supreme Court in …
Continue reading "Proprietary estoppel: Satisfying the equity"
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Laura Oliver and Dan Keys consider the impact on banking covenants of the recent political and market turmoil and advise borrowers and lenders to keep talking The current problem is two-fold: the property industry knows that a significant fall in value is coming, but no-one knows what the extent will be. As a result, market …
Continue reading "Banking covenants: Once more unto the breach…"
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Fiona Sawyer, Martyn Jarvis and Matthew White consider the Growth Plan and the uncertainties surrounding other planning reform It is telling that local authorities are already adopting their own biodiversity net gain policies, somewhat overriding whatever delay to legal implementation the government may propose. Planning is a close relation of politics – and events in …
Continue reading "The Growth Plan: Political upheaval and planning"
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In the first of two articles, Dan Cudlipp, Phoebe Jackson and Emma Forsyth consider the implications of the judgement in Martlet Homes v Mulalley In a construction contract, the question of whether there has been a design or specification breach requires a consideration of professional negligence The case of Martlet Homes Limited v Mulalley & …
Continue reading "Construction focus: Cladding disputes – liability"
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