July/August 2015 #333 – Law Journals

Nuisance Remedies: A case of double counting

Andrew Williams investigates a case that has clarified when damages in addition to an injunction may be an appropriate remedy and when loss of amenity value should be added ‘His Lordship’s point is that it will be a case of double accounting to also award the claimant the full value of the diminution in the …

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Construction Focus: Warning of collapse

Is an engineer liable if a contractor is doing a job incorrectly? A recent case suggests not, as John Starr finds out ‘If the engineer in question has done what other members of their profession would have done, they will not be liable for professional negligence.’ If you are having works done to your house …

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Freehold Title: A splitting headache

Ed Socha considers the issues that arise when reversions are split for both landlords and tenants ‘Freeholders should carefully consider the potential for issues to develop, before selling off part of a freehold and creating a split reversion.’ There can be very good commercial reasons why a landlord might want to sell part of their …

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Easements: The right to light and trees

R C

Raymond Cooper explores whether trees which interfere with a right to light can give rise to a cause of action in nuisance or otherwise ‘A right to light can be created in a number of ways, the commonest of which are express or implied grant and common law or statutory prescription.’ Although there is no …

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Valuation Negligence: Boom, bust and back to basics

The law, like the property market, does not stand still. Against the backdrop of a market that is rising rapidly in places, Jonathan Brooks and Sandip Singh look at some of the key issues to come out of recent valuation negligence case law ‘As the availability and accuracy of data and resources improve and as …

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Comment: The right to buy social housing

Tim Willis and David Perry examine whether the manifesto commitment to extend the right to buy to social housing stock is the right idea at the wrong time ‘Some new schemes coming forward will not be “policy compliant” in terms of the amount of affordable housing that the scheme will provide.’ Despite some negative press …

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Capital Allowances: Twelve months on

Graham Burrell reports on changes in capital allowances legislation and the practical steps that should be taken to ensure allowances are fully utilised ‘From April 2014, HMRC introduced new rules that fundamentally change the way in which purchasers and sellers deal with capital allowances relating to recent commercial property transactions.’ After the introduction of what …

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