February 2011 #263 – Law Journals

Competing Rights: Tenants v mortgagees

Who ranks in priority in possession proceedings? A recent decision in the High Court provides some answers, as Kathleen Fitzgerald reports ‘The matter of whether the mortgagees’ priority could be adversely affected is governed solely by the provisions of the Land Registration Act 2002.’In Re North East Property Buyers Litigation [2010] the English High Court …

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PPAs: Pointless paperwork or perfect partnership?

Planning Performance Agreements are experiencing a renaissance, but what are they and do they have any value? Nicola Insley finds out ‘Some developers believe that PPAs allow planning authorities to extract an additional fee from developers for considering the application without any reciprocal contractual obligation on the LPA to perform any of the terms of …

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Planning And Environment Focus: The Localism Bill

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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 …

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Construction And Rectification: To err is human, to rectify divine

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 …

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Co-Ownership: A new approach to beneficial entitlement?

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 …

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Expert Witnesses: Hot-tubbing: is it time to take the plunge?

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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 …

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Forfeiture: Please relief me

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 …

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