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With HMRC’s attentions focused on sub-sale arrangements, Lee Nuttall reviews the findings of the recent decision DV3 ‘SDLT is a modernised form of stamp duty, but also borrowed heavily from stamp duty concepts. It attempted to counter some of the more blatant planning found in stamp duty (for example, “resting on contract” schemes).’Stamp duty land …
Continue reading "SDLT: Sub-sales in the spotlight"
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With an increasing number of vacant shops presenting problems for landlords, Lisa-Marie Smith looks at the key terms and advantages of ‘Meanwhile Leases’ ‘The Meanwhile Scheme is an initiative of the previous government to encourage the temporary occupation of vacant units for non-commercial purposes, which in turn reduces the landlord’s liability for empty rates.’The number …
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Alexandra Anderson reviews the judgment in Jones v Kaney, and its implications for professional experts and their insurers ‘It was common ground that, if the immunity was to be effective, it must apply to views expressed not only in court, but in contemplation of, or at least preparation for, possible court proceedings.’Last week the Supreme …
Continue reading "Expert Witnesses: The Supreme Court abolishes immunity"
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Shelagh McKibbin discusses the coalition government’s flagship Green Deal scheme and asks what this means for commercial property ‘As a result of the Green Deal charges, energy bills could be higher than for comparable property where no efficiency measures have been performed. This could affect the landlord’s ability to re-let the property as well as …
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The updated guidance accompanying the Bribery Act was issued at the end of March. Ron Reid assesses whether it has adequately dealt with the complaints that arose out of the initial guidance ‘Facilitation payments have been relaxed somewhat, with the government approach now being that eradication of such payments will be a long-term goal requiring …
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John Starr considers the appeal decision in the OFT bid rigging saga and assesses the necessity for an expert witness in a professional negligence claim ‘Prior to the OFT’s decision, cover pricing was seen by many in the construction industry as a longstanding, widespread and acceptable practice.’The Competition Appeals Tribunal (CAT) has ordered significant reductions …
Continue reading "Construction Focus: A CAT amongst the pigeons"
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Dellah Gilbert examines the practical implications of a recent judgment on break notices ‘Check the terms of the break clause carefully. Comply with any specified requirements precisely, for example addressing the notice to the landlord and sending a copy to an agent.’ There has been a flurry of cases over the last year or so …
Continue reading "Landlord And Tenant Update: Waiving and drowning"
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Rebecca Shorter looks at the issue of concurrent liability in the context of building defects ‘Contract and tort are different sources of obligations. The existence of a contract will not rule out the possibility of a concurrent duty of care in tort to prevent economic loss, but neither will it automatically create such a duty.’The …
Continue reading "Case Study: Pure economic loss re-examined"
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Elizabeth Small and Michael Armstrong address the issues that will be of immediate interest to anyone in the property arena ‘The chancellor introduced a new anti-avoidance strategy aimed at preventing people “using the tax law to get an advantage that Parliament never intended”.’George Osborne declared Britain ‘open for business’ in his budget speech on 23 …
Continue reading "Budget 2011: Business taxation"
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Victoria Leam considers the issues surrounding a case where a developer’s unilateral undertaking remained enforceable despite a finding that it was unnecessary ‘These days, even when there is little dispute with the council, undertakings are routinely prepared and submitted for ease and speed or in the hope that an inspector will allow the appeal, taking …
Continue reading "Planning Permission: Unnecessary undertakings"
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