March 2015 #329 – Law Journals

Collective Enfranchisement: Preserving development rights on leasebacks

Martin Codd assesses the outcome of two recent decisions highlighting the complexities of leasebacks on collective enfranchisement claims ‘The leaseback provisions are mandatory for flats let under secure tenancies or by housing associations.’ Two recent cases heard in the Upper Tribunal (Lands Chamber) have highlighted the need for landlords and tenants to consider more carefully …

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Planning And Environment Update: On the road to ruin or recovery?

How are planning applications for renewable energy projects dealt with, and why are such a high number the subject of intervention by the Secretary of State? Samantha Grange reports on the current state of play ‘Having regard to the 33 decisions issued to date, the Secretary of State’s refusal rate is a worrying 91%; just …

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Construction Focus: Enforceability of adjudicators’ decisions

John Starr reviews two cases where adjudicators were alleged to have produced unenforceable decisions by reason of lack of jurisdiction or a failure to comply with the rules of natural justice ‘An adjudicator is entitled to make mistakes, whether of fact or law and even ones that are obvious and fundamental, without thereby rendering their …

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Manorial Rights: Outdated relic or worth the fight?

Tim Troman argues against the abolition of manorial rights and considers the recent report by the House of Commons Justice Select Committee ‘Abolishing manorial rights would, arguably, amount to the compulsory transfer of property rights from one group of property owners (who currently own the manorial rights) to another (who own the surface freehold).’For some, …

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Competition Law: Estate agents feel the wrath of the CMA

The Competition and Markets Authority will be probing possible violations of UK competition law relating to estate agents’ fees. Suzanne Rab explains the CMA’s concerns ‘Horizontal agreements between competitors that fix prices, share markets and allocate customers remain the top enforcement priority of the competition authorities in the UK and overseas.’ The Competition and Markets …

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Leasehold Enfranchisement: Preserving London’s garden squares

Robert Barham considers a case which caused the court to review a long-forgotten law ‘The 1931 Act remains a valid piece of legislation and must be taken into account by all those who are contemplating the development of a garden square and, most importantly, by the London boroughs that are charged with the Act’s enforcement.’The …

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Land Registry: Change of plan

The Land Registry’s radical new approach to mapping leasehold title plans takes some getting used to, warns Bill Chandler, but ultimately represents a workable compromise ‘While the position is considerably better than I had feared, it remains unsatisfactory that the Land Registry’s interpretation of the demise will no longer be apparent from the leasehold title.’Let …

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