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Richard Bartle reminds us of the common law assessment of damages and the operation of s18(1) of the Landlord and Tenant Act 1927, with reference to recent case law ‘If redevelopment is the only option open to the landlord on termination of a lease then the court would most likely assume that redevelopment will take …
Continue reading "Dilapidations: Re-development of s18?"
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John Starr reviews instances where an adjudicator’s decision may not be binding, in light of recent case law ‘If an adjudicator gets it wrong, the court has to decide if they meant to do what they did (albeit mistakenly) or whether it was an accident. If it was an accident, they can put it right; …
Continue reading "Construction Focus: Two bites at the cherry"
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Now that the Office of Fair Trading has published its draft guidance, Bill Chandler looks at how competition law will be applied to property transactions when the repeal of the Land Agreements Exclusion Order takes effect in April 2011 ‘Although the OFT always possessed the power to withdraw the protection of the Exclusion Order, the …
Continue reading "Competition: Food for thought"
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Claire James and Keith Shaw report on a recent decision confirming important procedural issues in claims of adverse possession ‘Whether acts constitute a sufficient degree of exclusive possession will depend in particular on “the nature of the land and the manner in which land of that nature is commonly used or enjoyed”.’Acquiring land by adverse …
Continue reading "Adverse Possession: Absolute or possessory?"
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Zahra Kanani considers the results of a recent consultation over disposal of land by charity trustees ‘The general position, as set out in s36(1) of the Charities Act 1993 is that “no land held by or in trust for a charity shall be conveyed, transferred, leased or otherwise disposed of without an order of the …
Continue reading "Charities: Taking the power back"
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Sarah Youren reviews the upcoming changes in planning likely to be brought about by the Bill The long-awaited Localism Bill has finally arrived. At the moment, views are split as to whether this will herald a new era of nimbyism with local people refusing to allow any new development in their area, or whether in …
Continue reading "Planning And Environment Focus: The Localism Bill"
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Matthew Bonye and Alexandra Bethell discuss the merits of the various options when looking to remedy a defective document ‘The requirements to be met in order for rectification to be ordered differ depending on whether the mistake is made by both parties or by only one. Rectification is only available in very limited circumstances.’In a …
Continue reading "Construction And Rectification: To err is human, to rectify divine"
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Mark Pawlowski provides an update on Jones v Kernott and its consequences for constructive trusts and the home ‘In Kernott v Jones, it was not in dispute that the parties had held the beneficial interest in the house in equal shares: the question for determination was whether, and if so to what extent, their respective …
Continue reading "Co-Ownership: A new approach to beneficial entitlement?"
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Times have changed since expert witnesses had to wait patiently for their turn to give evidence, explains Paul Barry, but is giving concurrent evidence a welcome development? ‘Although hot-tubbing represents a new way of collecting expert testimony, it retains the most important features of direct and cross-examination as each party still has a chance to …
Continue reading "Expert Witnesses: Hot-tubbing: is it time to take the plunge?"
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When can a tenant seek relief, and on what terms will it be granted? Jonathan Ross investigates ‘It was the claimants’ case that the breaches were irremediable and that it should be entitled to forfeit the lease and recover possession.’In the case of Patel v K&J Restaurants Ltd [2010], the Court of Appeal had to …
Continue reading "Forfeiture: Please relief me"
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