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Mark Pawlowski looks at the proper approach to granting relief under the doctrine of proprietary estoppelProportionality 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 Guest…

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 talkingThe 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 evidence…

The Growth Plan: Political upheaval and planning

Fiona Sawyer, Martyn Jarvis and Matthew White consider the Growth Plan and the uncertainties surrounding other planning reformIt 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 UK…

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 MulalleyIn 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 & Co…

Guest editorial: Will there be a further U-turn?

Kwasi Kwarteng announced the abolition of the OTS in his recent mini-budget. Judith Millar explores what this means for private client practitioners As a private client practitioner, regularly grappling with layers of tax complexity, and particularly in the light of the Treasury’s endorsement less than a year ago, the recent announcement about the closure of…

Wills: To charge or not to charge?

Da Silva v Heselton provides welcome clarity on the circumstances in which executors can charge for their services. Lesley Harrison reports It makes no obvious sense for the estate to pay an executor for work that they carry out in which they have no relevant professional skill or business experience. In the case of Da…

Trusts: Distinguishing between rules for ‘bare’ trusts and others involving a fiduciary duty

Kerry Bretherton KC and Katie Gray examine a case that finds that the service of a notice to quit is not a breach of trustWhere parties have jointly contracted to rent a property and one of them wishes to quit, he or she cannot be held to a tenancy contract which is dependent for its…

Trust Registration Service: Who can make a successful request for information

Duncan Bailey and Cathryn McCorkindale explain how data on the Trust Registration Service will be disclosed HMRC issued a policy which confirms that all requests will be carefully examined and there will be some data that is ‘exempt’ and therefore will not be provided on request. With the Trust Registration Service (TRS) in full swing,…

Inheritance Act claims: Heads I win, tails you lose – CFA-funded claims under the 1975 Act

Andrew Bishop and James McKean review a defendant’s attempts to compel a CFA-funded claimant under the Inheritance Act to take out insurance or make payments into court There is a fairly common misconception that a CFA-funded claimant is under an obligation to obtain ATE insurance to ensure their opponent’s costs can be paid. It is…

Offshore: Lessons for trustees and trust practitioners from Patel v JTC

Trustees should not become overly involved in family disputes, and court sanction should be obtained for any arrangements put in place. Damian Evans and Matthew Davies discuss When discord breaks out between family members, it is often the case that a trustee will find itself caught between the different sides of the family dispute. The…

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Proprietary estoppel: Satisfying the equity