June 2012 #293 – Law Journals

Opinion: Patchwork planning

Simon Ricketts addresses the main building blocks of the Localism Act 2011 and examines the case of one neighbourhood ‘front runner’ ‘An application for designation as a Neighbourhood Forum is made to the local planning authority. The body must have been established for the purposes of promoting or improving the social, economic and environmental wellbeing …

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Flood Damage: When it rains it pours

William Hanbury looks at the issues raised by flood damage ‘The challenges facing lawyers advising property owners and property developers in areas affected by flooding are considerable.’This year looks like being one of a number of summers in recent years that have been unusually wet. A month’s rain fell in less than a day earlier …

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Agricultural Property Relief: A tale of two farms

Leigh Sagar clarifies the occupation of agricultural property for agricultural purposes ‘Two recent decisions highlight some of the difficulties that are being faced by executors in the area of agricultural property: HMRC v Atkinson and Hanson v HMRC.’ Agricultural property relief is available for transfers of agricultural land and pasture and specified buildings and woodlands …

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Contracts: Timing is not always essential

Daniel Bain considers a Scottish case highlighting the importance of clarifying when time is to be of the essence in a contract for the sale of land ‘The contract may contain a provision making time of the essence, in which case there will be a right to terminate. However, in the absence of such a …

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Insolvency: How to deal with a tenant in administration

A recent case has clarified the position of the landlord when dealing with a tenant in administration. David Marsden provides some background ‘A response by a landlord to any request to assign needs to be swift but also carefully considered as a landlord cannot add subsequent reasons later for their refusal to consent to assign.’ …

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Taxation Of UK Residential Property: Consultation on proposed changes

Xavier Nicholas reviews the proposals for CGT and an annual charge in relation to property held by ‘non-natural persons’ ‘The concern remains, however, that those who wish to structure property ownership for reasons other than SDLT avoidance (in our experience, the great majority of clients) will be hit by measures that are purportedly not targeted …

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