Consent to assign: Do two rights make a wrong?

DWF | November 2018 #366
Nerissa Hatcher considers the lessons that can be learned from a recent decision concerning assignment of a number of underleases ‘In the Court of Appeal, the point in question was whether WIQ had lawfully refused consent on a mixture of reasonable and unreasonable grounds.’ A provision in a lease preventing the tenant from assigning without …

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Repair: Defects claims in tenant-developer cases

CMS | November 2018 #366
What happens when a collateral warranty has expired? Aidan Steensma, Matthew Taylor and Marcus Barclay examine a recent TCC decision ‘The settlement of a claim made by the developer/landlord will not necessarily prevent a similar claim being made by the tenant under the terms of the warranty.’ A recent TCC decision has considered an innovative …

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Japanese knotweed: Tangled in knots

Hogan Lovells | November 2018 #366
Sanjay Davé reviews the implications of a recent Court of Appeal case ‘The Court of Appeal held that private nuisance claims, at their very core, concern the protection of the owner of land and their use and enjoyment of it, rather than protection of the market value of property.’ Japanese knotweed has blighted UK properties …

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Blockchain: An explanation of potential

Dentons | November 2018 #366
Dr Justin Hill and William Dougherty provide an overview of a new technology ‘We can have laws and regulation built into the money or into particular transactions. It is possible for the currencies to pay their own taxes and automatically give discounts to people meeting certain criteria at the point of transaction.’ It can be …

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Planning update: Section 203 as a regeneration tool?

Dentons | November 2018 #366
Michele Vas addresses the lack of consistent guidance when it comes to implementing s203 ‘There is a lack of consistency between public bodies when seeking to utilise s203, albeit a more formalised approach is evolving through practise.’ It has now been two years since s203 of the Housing and Planning Act 2016 became operative, replacing …

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Dreamvar: Who bears the loss?

Irwin Mitchell LLP | November 2018 #366
Dreamvar has implications not only for conveyancers but for breach of trust claims. Claire-Marie Cornford and Sarah Smith explain ‘The Court of Appeal held that the purchase monies should have remained in the vendor’s solicitor’s client account pending either a genuine completion of the sale or further instructions from the purchaser’s solicitors.’ The recent case …

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Adverse possession: Moral authority

Bucks New University | November 2018 #366
Naveed Ali analyses the evolution of adverse possession ‘Despite this “unjust” method of acquisition, there are numerous arguments in favour of adverse possession. Firstly, there is the notion that the very existence of adverse possession encourages negligent landowners to make use of their disused land.’ Land law has long acknowledged the rights of other people …

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Construction focus: Clarity is key

John Starr | November 2018 #366
John Starr reviews a case which highlights the importance of ensuring all documentation is in place and reflects the parties’ intentions ‘WTC said that Mr Roylance was engaged in his personal capacity; that the engagement related to the retaining wall itself; that he undertook an obligation to ensure that the retaining wall was fit for …

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