October 2022 #401 – Law Journals

Construction focus: A solution to a problem or a problem in itself?

Polly Streather explores the use and benefit of pre-contract tools, such as letters of intent, in trying to alleviate the strain of increasing construction prices and highlights the risks that should be considered by employers before entering into such arrangements Once the letter of intent is in place, there is sometimes a temptation for contractors …

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Manorial title: Reconstructing title

Paul Stafford considers whether it’s possible for a purchaser to acquire rights that a vendor was unaware of when buying manorial lordship titles Land which has been in continuous ownership since before 13 October 2013 may be subject to lordship rights belonging to a lord whom the owner of the land has no way of …

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The Commercial Rent (Coronavirus) Act 2022: Winners and losers

Shanna Davison and Matthew Bonye analyse the Covid commercial rent arrears arbitration scheme introduced under the 2022 Act and whether interference with the fundamental principle of freedom of contract has paid off The idea is to encourage reasonable proposals from each party on the footing that these are more likely to result in settlement without …

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Competing equities: A thorny issue

Mark Pawlowski takes a critical look at the first in time rule as a means of resolving the problem of competing estoppel equities Where all are equally innocent, priority, as we have seen, is determined by the order at which the equities arose in time. But the position is different where the equities are not …

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Scottish property law: Community ownership compared

In the first of a series of articles setting out some key differences between the jurisdictions, Sally Anthony considers community rights to buy and transparency of ownership These rights to buy demonstrate the Scottish government’s stated priority to promote and encourage community ownership, based on their belief that it helps to address inequalities in land …

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Dear Prime Minister: A planning and environmental wish list

After a summer of hustings, debates and garden party faux pas, a new Prime Minister is now finally in Number 10. Nicola Gooch and Claire Petricca-Riding provide a mini planning manifesto The country urgently needs to find local and reliable alternatives to imported gas and oil reserves. We do not have the luxury of time. Pinning all our …

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