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Oliver Foy explains why the reasoning in Hudson v Hathway is both wrong and undesirable in the context of common intention constructive trustsCommon intention on its own does not justify a trust. Something more is needed to obviate s53(1)(b) of the Law of Property Act 1925 and bestow the beneficiary with a beneficial interest. In…

Construction focus: Martlet Part 2 – causation and damages

Dan Cudlipp and Phoebe Jackson focus on the judge’s analysis and application of causation and remoteness, which provides helpful guidance to building owners in fire safety disputesIt is questionable whether claimants outside of construction defect claims, building safety claims or even fire safety claims will be able to utilise Martlet. As frequent readers will recall,…

Planning update: The autumn statement and more

Fiona Sawyer provides a brief summary and analysis of the impact on planning reform of the Autumn Statement and the government's subsequent announcementsWe've been told that the investment zones programme is not abandoned altogether, but will instead be 'refocused' to 'catalyse a limited number of the highest potential knowledge-intensive growth clusters' centred on universities in…

Planning permission: An end to ‘drop in’?

Victoria Tague and Nicola Gooch consider the implications of a recent Supreme Court judgment relating to subsequent permissions on a development with a pre-existing planning permission, including what this means for CILThe Supreme Court's solution to the need to vary large multi-unit consents is to require a replacement application, covering the whole site, setting out…

Musings from Manchester: Drama in the courtroom

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Geoffrey Shindler reviews a theatre tax relief case that caused HMRC to ponder the definition of drama and whether a story has to have a beginning, a middle and an end The tribunal was not impressed with HMRC’s approach to theatre tax relief, regarding it as ‘somewhat hard to pin down and seemed a little…

Inheritance Act: Good timing

Laura Abbott and Andrew Bishop examine a landmark case that establishes that a claim against an estate as a dependant can be made pre-grant, and that parental responsibility exists without being a step-parent Antonio is a significant case because it confirms the court can and will consider applications and make orders pre-grant. The Inheritance (Provision…

Charities Act 2022: Ex gratia payments in legacy disputes

Roman Kubiak and Oliver Rees look at the proposed changes scheduled to be brought in regarding ex gratia payments by the Charities Act 2022 as well as the recent announcements behind its delay The changes which are, subject to the government review, to be implemented by the Charities Act 2022 should allow charity trustees to…

Wills: The public interest – whose view counts?

Natasha Dzameh explores the Court of Appeal’s decision on the will of His late Royal Highness Prince Philip The principle of open justice could be derogated from only in exceptional circumstances and these were such circumstances. Following the death of His Royal Highness Prince Philip the spotlight was shone on the practice of sealing royal…

Tax: Taking it over the line

Firth sheds light on the inheritance tax treatment of furnished holiday lettings. Dr Christopher McNall discusses the case The key issue is whether property is ‘relevant business property’, so as to qualify for BPR, or simply part of the business of holding land, being ‘wholly or mainly… making or holding investments’. Business property relief (BPR) is…

Personal representatives: Out of office and out of pocket

Claims for the removal of executors or administrators are commonplace and mishandling them can result in a hefty bill for the defendant. James McKean reportsThe PR(s) in both cases were heavily criticised for filing extensive evidence before conceding – or even while conceding – the claim. In the recent cases of Fellner v Cleall [2021] and Fullard v…

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Detrimental reliance: An unwelcome development