December 2017/January 2018 #357 – Law Journals

Overage Agreements: Dealing with the detail

Two recent cases have highlighted the need for careful drafting of overage provisions. Kate Wilson assesses the judgments and the points practitioners can take away ‘Biden’s actions highlighted an omission in the drafting of the overage provisions, which contained no express obligation on him to market the houses for sale once the development was completed, …

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The Revised Telecoms Code: A new dawn?

The Digital Economy Act 2017, once brought into force, includes a new Electronic Communications Code. Shanna Davison explains what it is and why it matters ‘A key change is that the new Code enshrines the automatic right for operators to upgrade and share their equipment. Any restrictions on those rights in agreements granted after the …

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Sale And Leaseback Transactions: Unlocking capital from real estate

Mark Payne, David Saleh and Ian Painter look at the advantages and disadvantages of a sale and leaseback as a way for property-owning companies to release capital ‘Although sale and leaseback transactions have historically been considered to be countercyclical, recent economic data suggests that this is no longer the case.’ With continued demand from overseas …

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Case Update: Prét-à-porter penalties

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Duncan Brown reviews a case providing a timely reminder when drafting side letters ‘To the extent that the side letter purported to permit the landlord to impose a secondary obligation (the increased rent) upon the happening of any breach of any term in the lease, that secondary obligation was capable of being a penalty.’ The …

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SDLT: Raising the roof

The stamp duty surcharge of 3% on second homes and buy-to-let properties is choking the market, and requires reform, argues Justin Neal ‘The time has come to stop playing with stamp duty and shared ownership, which has minimal benefit in the long run for the majority, and instead focus on freeing up the stagnated market.’ …

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Nuisance: Neighbourhood watch

David Schmitz considers how the principles in Coventry v Lawrence on nuisance and the character of the area might best be applied ‘The confusion in this case is also the result of Lord Neuberger’s unelaborated suggestion that an iterative process be used.’ Among the many questions tackled by the Supreme Court in Coventry v Lawrence …

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Planning Update: What is a highway?

Michele Vas outlines a recent decision which reiterates what constitutes a ‘highway’ ‘Case law establishes that the only land which vests in a highway authority is that which is required to fulfil its highway functions and responsibilities.’ The recent Court of Appeal judgment in the case of London Borough of Southwark v Transport for London …

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Construction Focus: Information or advice?

John Starr reports on two recent decisions that have reaffirmed the SAAMCO principle in cases of alleged negligence, highlighting the difference between informing and advising ‘In an attempt to recover their losses, lenders looked to the conveyancing solicitors who had advised on the transactions.’ At a time when interest rates have just increased from 0.25% …

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