November 2022 #402 – Law Journals

Stamp duty land tax: The position in Northern Ireland

Ian Creighton at Wilson Nesbitt considers the incongruous implications of a stamp duty cut on the Northern Ireland property market Changes to stamp duty made in England always have a dramatically different impact in Northern Ireland. There is, therefore, a compelling case to be made for setting a different rate for this country – as, …

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Land registration: Registering the difference

In the next of a series of articles highlighting the differences and similarities between the laws of Scotland and England and Wales, Michael Ramsay examines land registration and how technological advances are affecting process When the Covid-19 lockdown hit the UK in the first quarter of 2020, the Land Register in Scotland effectively had to …

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Proprietary estoppel: Satisfying the equity

Mark Pawlowski looks at the proper approach to granting relief under the doctrine of proprietary estoppel Proportionality lies at the heart of the doctrine of proprietary estoppel and permeates its every application. In particular, there must be a proportionality between the remedy and the detriment which is its purpose to avoid. The Supreme Court in …

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Banking covenants: Once more unto the breach…

Laura Oliver and Dan Keys consider the impact on banking covenants of the recent political and market turmoil and advise borrowers and lenders to keep talking The current problem is two-fold: the property industry knows that a significant fall in value is coming, but no-one knows what the extent will be. As a result, market …

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The Growth Plan: Political upheaval and planning

Fiona Sawyer, Martyn Jarvis and Matthew White consider the Growth Plan and the uncertainties surrounding other planning reform It is telling that local authorities are already adopting their own biodiversity net gain policies, somewhat overriding whatever delay to legal implementation the government may propose. Planning is a close relation of politics – and events in …

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Construction focus: Cladding disputes – liability

In the first of two articles, Dan Cudlipp, Phoebe Jackson and Emma Forsyth consider the implications of the judgement in Martlet Homes v Mulalley In a construction contract, the question of whether there has been a design or specification breach requires a consideration of professional negligence The case of Martlet Homes Limited v Mulalley & …

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