December 2012 #301 – Law Journals

Competition Conundrum: Problem or prospect for property clients?

Marie-Louise Gobbi considers the content and effect of two recent Orders, and their implications for all those who own, occupy or develop land, as well as for the grocery retail business ‘If you are, or act for, a large grocery retailer, alarm bells must now ring in relation to any land transaction which seeks to …

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SDLT And VAT: Seeking clarity

Simon Rose reviews the implications of recent attempts at SDLT avoidance In light of the leading anti-avoidance case of Ramsay, a purposive interpretation of the legislation was taken and the clear intention of the scheme was to avoid tax. The recent cases reported below have all provided some much-needed clarity and certainty on a number …

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Construction Focus: You get what you pay for

The Court of Appeal has clarified that, if an adjudicator’s award is unenforceable, you may not have to pay their fee. John Starr investigates Adjudication is a ‘pay now, argue later’ regime under which the decision of an adjudicator is accorded ‘temporary finality’. It occasionally happens that an adjudicator’s decision is unenforceable, either because the …

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Opco/Propcos: Structurally unsound?

Jamie Hyams looks at whether the financial crisis has undermined the foundations of Opco/Propco structures or whether anything can be salvaged from the rubble The prevailing confidence that the yield compression could continue without correction proved misplaced as the market peaked and started falling. Before the current lending crisis it was not uncommon for companies …

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VAT: Breaking new ground

Elizabeth Small and Anthony Goodmaker discuss a recent ruling on whether TOGC rules can apply to the grant of a long lease There may be many situations where, under the new guidance, there could have been a TOGC but instead, because the property had been opted for VAT purposes, there was a standard rated supply …

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Occupiers: Landlords beware

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Two recent High Court decisions provide some clarification of occupiers’ liability. Kathryn Harris explains why landlords may want to carry out more regular inspections in future The House of Lords’ decision in Cavalier confirmed that a landlord who lets premises in a dangerous condition owes no duty to remedy the defect and no duty of …

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