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With the growing popularity of pre-packs, Nigel Boobier and Daniel Cuthbert assess the issues surrounding them ‘This regulatory focus comes at a time of continued material challenges for business and an ongoing stream of administrations, particularly in retail, using pre-packaged sales.’It’s been a busy year for pre-packs. The announcement on 31 March from Ed Davey, …
Continue reading "Insolvency: Pre-packs: current and future proposals"
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Charlie Bending and Robert Jones look at the outcome of the decision in Scullion, which will be welcomed by surveyors and valuers alike ‘The first instance decision in Scullion had been viewed by many as opening the floodgates to a rush of claims from a new category of claimant.’The recent decision in the case of …
Continue reading "Professional Negligence: High water marks and some respite for surveyors"
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Kirstin Bardel reviews some of the key modifications to the Construction Act, due to come into force imminently ‘Before 1 October it will be very important for clients to make sure that they, and their teams, understand the new regime of notices and that their contracts comply with the new law.’Changes to the Construction Act …
Continue reading "The Construction Act 1996: New rules on contracts and appointments"
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Stephen Bickford-Smith and Keith Shaw report on a recent decision in which the rule on buyout damages has been applied to trespass ‘The decisions are not outwith the main trend of modern cases, which, after a period when there was some support for the view that injunctions should be a weapon of last resort, have …
Continue reading "Trespass: The correct award"
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John Starr reviews a case highlighting the potential for liability both under contract and statute when problems surface in a development ‘The Shepherd Homes case came to trial in mid-2007 on the issues of liability, causation of damage and entitlement to contractual indemnity.’Residential developers have unavoidable contractual and statutory liabilities to homeowners. Not only will …
Continue reading "Construction Focus: Beware the cracks"
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Euan Murray summarises the proposals for BRR and TIF, as well some of the key issues for developers and local authorities to consider in relation to TIF ‘The government consultation proposes amending the current system so that local authorities will instead be able to directly retain a proportion of the business rates generated within their …
Continue reading "Business Rate Retention: Tax Increment Financing takes a step forward in England"
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Julie Gattegno and Jane Turley assess expert immunity and expert determinations following two recent rulings ‘The fact that expert witnesses can now be subject to a claim in negligence should mean better quality advice, with experts ensuring they give well thought out opinions.’A person who is an expert in their field can assume the role …
Continue reading "Experts Update: Roles and responsibilities"
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Local authority failure to notify the valuation officer can be ‘an irrelevancy’ in respect of underlying liability. Martin Dawbney and Nusrat Zar review a recent case ‘Compliance with regulation 42 was ‘an irrelevance’ when a Magistrates Court was adjudicating upon an application for a liability order, despite the potential prejudice caused to ratepayers by a …
Continue reading "Case Update: Rates liability"
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Dellah Gilbert discusses where the decision in K/S Victoria Street v House of Fraser leaves tenants entering into AGAs and guarantors of such agreements ‘The Court of Appeal agreed with HoF that clause 3.5(iii) of the sale agreement frustrated s24(2)(a) of the Act as its aim was to prevent the release of HoF from its …
Continue reading "Landlord And Tenant Update: An end to a long-running SAGA?"
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With the coming into force of The Water Industry Regulations 2011 Gemma James examines whether this marks the end of our worries about drainage ‘Responsibility for, and rights to use, lateral drains and shared private sewers are sometimes set out in title deeds, but ultimately, in practice, the users of these lateral drains and private …
Continue reading "Water: Are our worries going down the drain?"
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