April 2013 #307 – Law Journals

Environment: Plan for the cost of compliance

Eluned Watson considers the correct response to the impending ban on ozone-depleting refrigerants Property owners/occupiers/managers need to formalise a plan now on how to manage their property portfolios having regard to HCFC usage so as to ensure that the business has sufficient time to consider the most appropriate options. From 2015, there will be a …

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Planning: Don’t stop me now

Joshua Risso-Gill and Tim Stansfeld explain how to avoid ‘stopping up’ delaying development plans You do not want to get half way through the application process, for the consultants to then realise they have not shown all areas of highway to be stopped up on the plans. Of the government’s new measures to help bring …

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Legal Advice Privilege: Supreme Court confirms scope

Matthew Bonye and Julia Morgan weigh up the implications for the real estate sector of the decision in R (on the application of Prudential plc) v Special Commissioner of Income Tax. Tthe key point is that the application of LAP to disclosure reviews in litigation remains unchanged. The Supreme Court handed down judgment in late …

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Construction Focus: When is a residential occupier not a residential occupier?

Westfields Construction Ltd v Lewis clarifies when and how statutory exemptions should be used. John Starr examines the case. The evidence about the position at the date that the contract was made had to be considered in the context of all of the evidence of occupation and intention, both before and after the agreement of …

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Constructive Trusts: The Pallant v Morgan equity

Nitej Davda looks at the enforceability of informal agreements relating to land A key feature of a Pallant v Morgan equity is the presence of either detriment suffered or an advantage gained by one of the parties as a result of an act or omission by the other party. The Pallant v Morgan equity is …

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Budget 2013: All change

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Lindsay Millar discusses the implications of the Budget for the property industry It was announced in the Budget that the government will double the existing affordable homes guarantee programme, providing up to an additional £225m to support the construction of a further 15,000 affordable homes by 2015. Most commentators have welcomed the measures announced to …

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