June 2013 #311 – Law Journals

Development: Dealing with defects

Helen Pickard examines the ramifications for developers and certifying architects of a recent High Court decision dealing with their liabilities to original and subsequent purchasers S&P argued that there was no warranty as their retainer was with Optima and was entered into several years prior to the claimants purchasing the flats. The recent High Court …

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Back To Basics: Easy does it

Christopher Cant explains how to avoid problems with easements on sales of part ‘With a sale off of part of a property, there is a need to consider both the easements to be granted for the benefit of the part being sold, and those to be reserved for the benefit of the retained part.’ At …

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Planning And Infrastructure Challenges: Where does the future lie?

Jasveer Randhawa and Natacha Heffinck discuss the government’s proposals on judicial review and the effect they would have within the planning sector ‘The government’s intention behind these reforms is to encourage economic growth by preventing delaying tactics being used to slow down or stand in the way of large-scale infrastructure projects or planning developments.’ In …

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Tax: Taxpayer wins right to reclaim overpaid SDLT

The grant of a lease may now be the ‘transfer of a business as a going concern’ for VAT purposes. Jessica Ganagasegaran reports ‘HMRC now accepts that if the transferor of a property letting business retains a small reversionary interest in the property transferred, this will not prevent a TOGC.’ Following the taxpayer’s successful appeal …

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Construction Focus: A costly misunderstanding

John Starr looks at a case that highlights the effect of net contribution clauses in contracts ‘Net contribution clauses can be seen as contentious and their validity will often be challenged.’ Increasingly, either as a requirement of their insurers or otherwise, consultants are seeking to include net contribution clauses in their appointments and warranties, but …

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Town And Village Green Applications: Stopping the clock

Freddie Jackson considers what steps a landowner might take in order to protect their land against a town or village green application ‘The Growth and Infrastructure Act 2013 provides landowners with greater safeguards against TVG applications where land is to be developed and will provide an additional mechanism for landowners to “stop the clock” to …

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