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Deborah Lloyd weighs up the pros and cons of PAIFs A fund manager will have to be prepared to manage an openended vehicle to take advantage of the PAIF regime. The government introduced tax breaks for UK property funds in 2008. It has taken five years for the industry to start responding. Now we are …
Continue reading "Property Authorised Investment Funds: Where are we going?"
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Emma Humphreys and Richard Flenley examine a case highlighting the different considerations that apply when a court is considering a claim for an injunction and a claim for declaratory relief The defendants contended that the court should only grant an injunction or make a declaration in a quia timet action where the defendant is threatening …
Continue reading "Rights Of Light: Timing is everything"
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Jo Hannah looks at the reasons behind the decision to allow free schools in almost any building without the need for planning permission Local authorities do have the ability to restrict the opening of free schools across either specific parts or across the whole of their region, by issuing an Article 4 Direction under the …
Continue reading "Planning Relaxation For Free Schools: What are the implications?"
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Donal Kelly analyses the Law Commission’s recent report on a revised Electronic Communications Code The tribunal will be prevented from making an order granting code rights where the landlord can prove one of the grounds for bringing rights or a telecoms lease to an end.Following the Law Commission’s report (that was published on 27 February …
Continue reading "Electronic Communications Code: Ringing the changes"
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A recent case concerning wind farms has highlighted the importance of decision makers giving sufficient weight to the development plan, as Jennifer Holgate finds out Mackie J found that the inspector did not accord the development plan the priority required by law. The inspector did not mention the priority ‘due to the plan’ or express …
Continue reading "Planning Case Study: The primacy of the development plan"
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Mark Pawlowski considers the Court of Appeal’s decision in Pankhania v Chandegra, which discusses whether express declarations of trust are conclusive The Law Commission endorsed the conclusive nature of the declaration of trust in the context of transfers of title to joint owners, stating that, ‘it is essential that courts strictly enforce declarations of trust …
Continue reading "Trusts And Property: Declarations of trust in the family home"
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The recent decision in Luminar has confirmed that where rent is due prior to the date of an administration, it will not be an expense. Mark Reading analyses the court’s findings ‘Administrators will continue to delay putting a company into administration until after a quarter day, where the quarter day is imminent, in order to …
Continue reading "Administration: A question of timing"
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Gary Pickard looks at some recent cases and the issues to be considered when buying or taking security over open land. ‘A town or village is not limited to a small, chocolate box village green but can consist of any land.’ The last year or so has seen a flurry of cases coming through the …
Continue reading "Town And Village Greens: Reinforcing the green belt"
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Jack Cantwell and Amy Gregory review the amendments brought about by the Local Democracy, Economic Development and Construction Act ‘The New Act has brought about a major change to construction contracts by repealing the entirety of s107 of the Old Act. This section previously stated that a construction contract must be evidenced in writing.’ The …
Continue reading "Changes To The Construction Act: Payment, adjudication and suspension"
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The end of March has seen a wealth of planning and environmental initiatives coming from government, including the Budget 2012 and NPPF. Juliet Munn investigates ‘The Chancellor was damning in his description of the current planning regime and stated that the current planning process was holding back development in the UK.’ Budget 2012 On 21 …
Continue reading "Planning And Environment Focus: Planning and environment focus"
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