August 2011 #274 – Law Journals

Vacant Possession: A practical overview

Dr Keith Shaw analyses the Court of Appeal decision in Ibrend Estates, and what vacant possession really means in practice ‘Tenants frequently misunderstand the requirements for the successful operation of a break option, and unwittingly find that they remain liable and tied to the covenants contained in their current lease because of a failure to …

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Mortgages: Lenders and unlawful tenants

Mark Pawlowski considers the rights of a lender when faced with an unlawful tenant on the mortgaged premises ‘Mere knowledge of the tenancy on the part of the lender was not enough and what had to be shown was a conscious decision not to contest the validity of the tenancy.’Most mortgages contain a prohibition on …

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Planning And Environment Focus: New enforcement regime for SSSIs

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Sarah Youren outlines a new regime to protect wildlife and the natural environment, and the government’s latest measures designed to speed up the planning process Natural England has launched an eight-week public consultation on a new enforcement regime to protect wildlife and the natural environment, including Sites of Special Scientific Interest (SSSI). The consultation period …

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Residential Service Charges: Limitation on recovery

Natasha Rees assesses the outcome of a case that highlights the intricacies of the notices required to recover service charges effectively ‘If a landlord falls foul of the limitation period they will be prevented from recovering any sums incurred outside the time limit, notwithstanding that such expenditure was reasonably incurred and the tenants have benefitted …

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Construction Focus: Expert shopping

John Starr reviews the courts’ stance on shopping around for an expert ‘Recent case law shows the court’s discouragement of expert shopping moving to encompass pre-action activity as well.’Construction disputes invariably involve a number of third parties; professionals tasked in one way or another with helping to resolve the dispute. There are arbitrators, adjudicators, mediators …

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Controlled Foreign Companies: Effects of the new proposals

Neil Warriner , Isaac Zailer and William Arrenberg explain why UK parented real estate groups and UK intermediary companies need to pay careful attention to the government’s proposals ‘The CFC rules stop UK companies from avoiding UK tax by artificially diverting income to foreign subsidiaries resident in tax havens or low tax jurisdictions.’The real estate …

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Contracts: Desperate times call for desperate measures

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Kate New looks at the outcome of some cases where the contracting parties wished to alter, avoid or reinterpret the terms of contracts that they entered into before the market collapse ‘A complicated scenario arises when the court is faced with a complex agreement and asked to consider how serious a breach must be in …

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