This category can only be viewed by members.
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"
This post is only available to members.
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?"
This post is only available to members.
Tom Hubbard examines the powers of a liquidator to disclaim leases and strategies for landlords faced with tenants who are in liquidation ‘A validly appointed liquidator possesses a statutory power to disclaim onerous leasehold property during the process of liquidating a company.’In these hard times many companies are struggling, and those that lose the battle …
Continue reading "Disclaimer Of Leases: Tactics for landlords"
This post is only available to members.
Natasha Rees reviews a decision of the Upper Tribunal concerning the correct rate to be applied to leases under 20 years ‘The Upper Tribunal decided that there should be a departure from the rate fixed by Sportelli. In doing so, they adopted the formula laid down by Sportelli but accepted that adjustments had to be …
Continue reading "Leasehold Enfranchisement: Deferment rates in the spotlight… again"
This post is only available to members.
Simon Keen and Angus Coulter assess what it means when land agreements are brought within the confines of competition law. In most cases, land agreements would not be expected to have an adverse effect on competition, and so the only cost to landlords and tenants will be of carrying out the self-assessment process.Tenants often seek …
Continue reading "Landlord And Tenant Update: Exclusivity agreements"
This post is only available to members.
Matthew Cox considers a recent case where a personal license had ended but the use continued. At what point did a prescriptive easement arise? ‘In order to succeed in a claim for a prescriptive easement, the use must not be procured by force, stealth or licence of the owner.’What happens when a personal licence to …
Continue reading "Case Study: Prescriptive easements and personal consents"
This post is only available to members.
Heath Marshall looks at recent challenges to the decisions of adjudicators and how the financial position of the winning party can affect their outcome ‘The courts have stated that, in enforcement proceedings, they will consider the financial circumstances of both parties if appropriate, although the outcome of such consideration has historically been capricious.’The decisions given …
Continue reading "Construction Adjudication: A stay of execution"
This post is only available to members.
Paul Stafford explains why those who hold a manorial title, or those who challenge it, must examine the foundations on which the particular title stands ‘The exercise of any right of lordship depends first on establishing or upholding title to the lordship; this is a more difficult task than is often recognised.’Manorial law continues to …
Continue reading "Manorial Rights: Title challenge"
This post is only available to members.
With the imminent introduction of the Bribery Act, John Starr outlines the new offences it creates and its implications for the construction industry ‘All organisations will need to have measures in place to counter bribery, including a statement of values, a code of conduct, detailed policies and procedures, risk management procedures, training and guidance, internal …
Continue reading "Construction Focus: Bribery Act 2010"
This post is only available to members.
