November 2013 #316 – Law Journals

Conveyancing: The validity of collateral contracts and warranties

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Heath Marshall reviews a case where oral terms were agreed as consideration for entering into the main contract, and arguments arose as to their validity ‘The principle therefore to be derived from North Eastern Properties is that s2 does not prevent parties to a composite transaction from separating the land contract from the rest of …

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Overriding Interests: Has the bell really tolled for chancel repair liability?

Ann Ebberson examines the current position on chancel repair ‘From midnight on 12 October 2013, certain overriding interests would lose their overriding status and so it was up to the person/Crown/Church Commissioners, with the benefit of such rights, to ensure that they registered their interests.’ With the coming into force of the Land Registration Act …

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Crowdfunding: Does it work for UK real estate?

Jennifer Chappell assesses a new form of investment and how it could be applied to UK property ‘Until the government or the European Commission deal with crowdfunding through legislation or regulation, the crowds may remain dubious about this form of investment. However, the US market has proven that crowdfunding is here to stay.’What happens if …

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Tree Root Subsidence: Rooting out liability

Kelly-Louise Kirby considers the ramifications of a recent ruling ‘Bearing in mind the nature of the property, this case demonstrates the potential high financial consequences that a tree root subsidence claim can lead to.’ While many home owners across the country prefer to see warm and dry weather, those affected by tree root subsidence issues …

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Mediation: Ignore at your peril

Kate Andrews discusses the importance of mediation, and the costs consequences that can result where a party unreasonably refuses, or ignores, a request to mediate, in light of a recent Court of Appeal judgment ‘Prior to the recent Court of Appeal decision in PGF v OMFS, case law seemed to suggest that a positive suggestion …

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Administration Issues: A bloom-ing marvellous decision?

Rebecca Nash explains the background to the recent decision in Bloom and what it means for landlords ‘Before Goldacre, the law seemed quite easy to understand and apply. Many commentators felt it was also fair to both landlords and tenants.’ The Supreme Court’s decision in Bloom v The Pensions Regulator [2013], better known as Nortel …

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Break Clauses: Tenants take note

Although the recent decision in Siemens Hearing appears to provide comfort to tenants whose break notices do not comply with the lease terms, Vanessa Babington argues that caution is still required ‘With an economic climate making many landlords eager to frustrate a tenant’s break, if anything, the judgment should act as a reminder of the …

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Construction Focus

John Starr looks at a case where the 1996 Construction Act was held to apply to a collateral warranty, and an unusual case involving arguments as to the financial stability of a winning party to an adjudication ‘The court decided that the collateral warranty was indeed a construction contract on the basis that that its …

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