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Antony Phillips and Christopher Hill provide an overview of the legal framework through which landowners can recover possession and some of the hazards that they need to avoid ‘The recent rise of protest action has added extra considerations to claimants in seeking to remove trespassers from land. This has often proved to be because protestors …
Continue reading "Possession Proceedings: Recent developments"
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Matthew Mainstone and Meeta Kaur assess the options open to homeowners likely to be affected by High Speed 2, the proposed national high-speed rail network ‘The government has made a number of changes to its preferred route for phase 1 and believes that the revised route will offer considerable improvements to communities, compared to what …
Continue reading "Planning And Environment Update: Compulsory purchase compensation and HS2"
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John Starr reviews the parameters of an obligation to proceed with work in a sub-contract, and assesses the realms of privilege ‘If you want a particular term in a contract, you should state it expressly, because seeking to imply terms after the event will be an uphill struggle.’ Sub-contracts Regularly and diligently Can there ever …
Continue reading "Construction Focus: Construction focus"
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Kathleen Fitzgerald reviews the findings of the Supreme Court on a lease with an uncertain term, and compares the Scottish position ‘The court in Berrisford v Mexfield Housing Cooperative Ltd [2011] recognised the long-established view that an uncertain term rendered an agreement incapable of being a tenancy in the sense of being “a term of …
Continue reading "Case Study: A call for change in times of uncertainty"
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Laurie Heller provides a reminder of a case that has redefined the boundaries of a ‘structure’ ‘The assumption has generally been that the plaster surfaces are not part of the structure. That proposition has been unchallenged until now.’ The courts have shown a remarkable reluctance to provide a precise definition of the meaning of ‘structure’. …
Continue reading "The Structure Of Premises: Covenants to repair"
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With changes to the tenancy deposit scheme legislation expected to come into force in April, Edward Cracknell assesses the practicalities of the legislation ‘The 2011 Act received Royal Assent on 15 November 2011 and many of its provisions came into force in December of that year. Section 184, proposing changes to the tenancy deposit provisions …
Continue reading "Tenancy Deposit Schemes: Tenant-friendly revisions"
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Richard Bartle and Dr Keith Shaw analyse how developers are responding to the courts’ more robust treatment of those who deliberately breach their neighbours’ legal rights ‘Any developer who has kept an eye on recent developments in the law should probably think about reformulating its development strategy.’ Part one In a decision of the Land …
Continue reading "Restrictive Covenants: Not in my back yard – part two, bring in the bulldozers!"
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Can an equitable mortgage take priority over a legal mortgage where it is only protected by the registration of a notice? Laurie Heller discusses a case with a surprising outcome ‘The rights of an equitable mortgagee are now seldom the subject of reported cases; equitable mortgages are comparatively rare birds. A recent decision of Judge …
Continue reading "Equitable Mortgagees: Registration of legal charges"
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Jeremy Steele reviews the decision in Avocet and its implications for landlords and tenants ‘The reason for there having been so much litigation is simple: landlords who have received break notices are left with the uncomfortable prospect of vacant units in a market in which new tenants are difficult to find.’ The law reports over …
Continue reading "Break Clauses: A change to the landscape?"
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James Farrell, Michael Mendelblat and Emily Lew explore a spate of recent case law relating to expert determination ‘Parties should try to agree whether the expert’s decision on a point of law will be treated as final and binding or whether the disappointed party should have the right to refer the issue to the court.’ …
Continue reading "Expert Determination: Jurisdictional issues"
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