October 2012 #297 – Law Journals

Part 36 Offers: Make me an offer I can’t refuse

Jessica McGoldrick explains what they are they and why they are important in property litigation ‘Part 36 offers can be used in almost all areas of property litigation including claims for dilapidations, rent arrears, professional negligence, business lease renewals, or any breach of a contractual arrangement relating to land.’ The courts want parties to settle …

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Case Update: Assigned but not registered

A recent complex case called for the judge’s interpretation of a lease that was assigned and not duly registered. Rosemary Herbert unravels the issues. ‘The definition of ‘assignment’ for the purposes of the 1995 Act includes equitable assignments, assignments in breach of covenant or by operation of law.’ At the end of July, Arnold J …

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Planning Obligations: DCLG proposals in the spotlight

Martin Evans investigates why current proposals do not go far enough W ith an increasing number of developments stalling, following changes to market conditions, making previously agreed planning obligations unviable, the Department for Communities and Local Government (DCLG) is seeking to make legislative changes to help developers renegotiate those planning obligations. Under the proposed changes, …

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Overriding Interests: Not on my manor

Kate Symons and Will Hadley give the lowdown on identifying and protecting manorial rights ‘The extent of each manor was usually determined by a grant from the Crown, with each manor comprising a self contained area with its own customs and rights.’ The area of manorial rights is by no means a straightforward subject for …

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SDLT On Sub-Sales: HMRC strikes back

Neil Warriner discusses a case with lessons for taxpayers ‘The lesson here for taxpayers from the finding on the first point is that, if structures like this are to be implemented, then they need to be implemented properly having regard to all legal issues that may affect them, not simply the tax rules.’ Despite their …

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Affordable Housing: Reducing the deficit

Bill Mackie looks at current government proposals to stimulate house building and questions whether those measures are enough ‘The s106 affordable housing regime is designed to ensure that a percentage of the new homes built are earmarked for a particular tenure. That in itself does nothing to promote the building of more homes. The state …

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Chancel Repair Liability: The end is nigh?

Chancel repair liability will soon cease to be an overriding interest. Sam Cherry examines the implications of this change ‘As the liability does not cease after 12 October 2013, the PCC still has until the first registration of unregistered land in which to attach this liability, and for registered land until the next property transfer …

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