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Stephen Bickford-Smith and Keith Shaw report on a recent decision in which the rule on buyout damages has been applied to trespass ‘The decisions are not outwith the main trend of modern cases, which, after a period when there was some support for the view that injunctions should be a weapon of last resort, have …
Continue reading "Trespass: The correct award"
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John Starr reviews a case highlighting the potential for liability both under contract and statute when problems surface in a development ‘The Shepherd Homes case came to trial in mid-2007 on the issues of liability, causation of damage and entitlement to contractual indemnity.’Residential developers have unavoidable contractual and statutory liabilities to homeowners. Not only will …
Continue reading "Construction Focus: Beware the cracks"
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Sarah Youren discusses the planning aspects of the current review of rights to light legislation as well as other developments in the area Review of rights to light legislationHeaney (HXRUK II (CHC) Ltd v Heaney) [2010]The Law Commission has announced that it is to conduct a review of the legislation relating to rights to light. …
Continue reading "Planning And Environment Focus: Planning and environment focus"
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Nicholas Wood considers the interaction between s241 of the TCPA and the Commons Registration Act 2006 ‘The decision in Barratt has given clarity to land developers in the context of considering the viability of schemes where common land may be involved.’Residential developer Barratt Homes recently succeeded in quashing attempts by a local action group to …
Continue reading "Village Greens: Common land redevelopment"
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With the growing popularity of pre-packs, Nigel Boobier and Daniel Cuthbert assess the issues surrounding them ‘This regulatory focus comes at a time of continued material challenges for business and an ongoing stream of administrations, particularly in retail, using pre-packaged sales.’It’s been a busy year for pre-packs. The announcement on 31 March from Ed Davey, …
Continue reading "Insolvency: Pre-packs: current and future proposals"
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Dellah Gilbert discusses where the decision in K/S Victoria Street v House of Fraser leaves tenants entering into AGAs and guarantors of such agreements ‘The Court of Appeal agreed with HoF that clause 3.5(iii) of the sale agreement frustrated s24(2)(a) of the Act as its aim was to prevent the release of HoF from its …
Continue reading "Landlord And Tenant Update: An end to a long-running SAGA?"
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With the coming into force of The Water Industry Regulations 2011 Gemma James examines whether this marks the end of our worries about drainage ‘Responsibility for, and rights to use, lateral drains and shared private sewers are sometimes set out in title deeds, but ultimately, in practice, the users of these lateral drains and private …
Continue reading "Water: Are our worries going down the drain?"
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Caroline May provides an overview of the proposed amendments designed to simplify the CRC ‘In August 2010, the government commenced a review of the CRC in response to industry criticism that the scheme was too complicated, bureaucratic and costly.’On 30 June 2011, proposed amendments to the CRC Energy Efficiency Scheme (formerly the Carbon Reduction Commitment) …
Continue reading "CRC: Proposals for reform"
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Both landlords and tenants should seek to protect themselves in anticipation of a possible change to the VAT treatment of service charges for common areas. Elizabeth Small and Alastair Robertson investigate ‘HMRC may be forced to alter its policy, and landlords and tenants should keep their respective positions under review.’The First-tier Tribunal has requested a …
Continue reading "Service Charges: The VAT conundrum"
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Euan Murray summarises the proposals for BRR and TIF, as well some of the key issues for developers and local authorities to consider in relation to TIF ‘The government consultation proposes amending the current system so that local authorities will instead be able to directly retain a proportion of the business rates generated within their …
Continue reading "Business Rate Retention: Tax Increment Financing takes a step forward in England"
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