July/August 2018 #363 – Law Journals

Case study: What is it worth?

Andrew Francis considers how far the Supreme Court’s decision in Morris-Garner opens up the question of compensation awarded by the Upper Tribunal (Lands Chamber) in applications to discharge or modify covenants under s84(1) of the LPA 1925 ‘What is clear is that property practitioners in particular will need to remind themselves not just of the …

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Statutory consultation and changes to works: Court of Appeal guidance

Jonathan Chew reviews the court’s findings on the duty to consult with tenants under s20 of the Landlord and Tenant Act 1925 in cases where there is a change to the planned works ‘It is apparent the Court of Appeal took a dim view of tenants who approved the works and then invoked their statutory …

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Contractual obligations: It’s all in the timing

Rob Aberdein reports on some cases which show the need for care in the drafting of pre-emptive provisions, in particular with regard to timescales ’Often, so much thought is given to the nature and extent of the obligations themselves that the issue of timing for compliance is overlooked.’ Recent cases both north and south of …

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Construction focus: Mods and rockers

Are no oral modification clauses effective to prevent subsequent variations in contracts? The Supreme Court has provided further insights on the matter, as John Starr finds out ‘The Supreme Court reviewed the existing case law and came to the opinion that the law should and did give effect to a contractual provision requiring specified formalities …

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CVAs: What does the future hold?

Tom Pringle and Jennifer Bean assess the future of retail CVAs in light of recent events ‘As the spate of retail CVAs shows no signs of abating, and more large store portfolios are jettisoned, leaving hundreds more empty units nationwide, there is a risk that landlords’ room for manoeuvre, and patience, may run out.’ In …

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Assured shorthold tenancies: Upsetting the apple cart

Sarah Heatley looks at a decision which adds a further layer to the process of repossession when serving a section 21 notice ‘Even if Caridon is not appealed, it is thought that the government may step in to resolve the issue, as it did following the Superstrike fallout, and could opt to amend the wording …

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Construction contracts: Acting as certifier

Marcus Harling and Tim Kittow explore the roles of the employer’s agent and the contract administrator under different forms of building contract, highlighting some key issues in particular with development transactions ‘In a JCT Design and Build contract the entirety of the employer’s agent’s role is one of acting as agent for the employer.’ An …

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