May 2011 #269 – Law Journals

Costs: A ‘claims culture’

The implementation of the Jackson reforms, as announced by Kenneth Clarke on 20 March 2011, sees a return to the way litigation was funded 15 years ago, as Glenn Newberry finds out ‘For those who missed the CFA revolution: it’s gone, you’ve missed it. For those who’ve made their fortunes out of it, it seems …

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Party Walls Etc Act: Rights of support

Laurie Heller provides a review of the Act in the context of recent case law ‘The Act is concerned with the requirements to regulate how a construction project is to be carried out so that the property of the adjoining land owner is protected.’The recent decision in Kaye v Lawrence [2010] corrects a misunderstood issue …

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Planning And Environment Focus: Demolition derby

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Sarah Youren considers a change in relation to the rules on whether planning permission is required for demolition, as well as some proposed planning changes announced in the Budget ‘In practical terms, this means that the demolition of a listed building, a building in a conservation area, a building that is a scheduled monument, or …

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SDLT: Sub-sales in the spotlight

With HMRC’s attentions focused on sub-sale arrangements, Lee Nuttall reviews the findings of the recent decision DV3 ‘SDLT is a modernised form of stamp duty, but also borrowed heavily from stamp duty concepts. It attempted to counter some of the more blatant planning found in stamp duty (for example, “resting on contract” schemes).’Stamp duty land …

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Rights Of Light: Heaney revisited

Gemma Mills and Nick Lloyd discuss the court’s discretion to award damages in lieu of injunctive relief ‘In Heaney, the neighbouring owner was not criticised, nor prevented from obtaining an injunction, for failing to issue proceedings at an earlier stage.’In HKRUK II (CHC) Ltd v Marcus Alexander Heaney [2010], the Chancery Division: dismissed a developer’s …

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Electricity Metering: Ticking time bomb under multi-lets

Jonathan Cohen looks at the impact of EU legislation providing tenants with the ability to get a better deal on electricity ‘Once transposed into UK law, the new rules will apply to all situations where landlords own multi-let buildings or divided estates and they bulk-buy and pass on the cost of electricity (no matter the …

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