February 2012 #283 – Law Journals

Restrictive Covenants: Not in my back yard – part two, bring in the bulldozers!

Richard Bartle and Dr Keith Shaw analyse how developers are responding to the courts’ more robust treatment of those who deliberately breach their neighbours’ legal rights ‘Any developer who has kept an eye on recent developments in the law should probably think about reformulating its development strategy.’Part one In a decision of the Land Tribunal …

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Equitable Mortgagees: Registration of legal charges

Can an equitable mortgage take priority over a legal mortgage where it is only protected by the registration of a notice? Laurie Heller discusses a case with a surprising outcome ‘The rights of an equitable mortgagee are now seldom the subject of reported cases; equitable mortgages are comparatively rare birds. A recent decision of Judge …

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Break Clauses: A change to the landscape?

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Jeremy Steele reviews the decision in Avocet and its implications for landlords and tenants ‘The reason for there having been so much litigation is simple: landlords who have received break notices are left with the uncomfortable prospect of vacant units in a market in which new tenants are difficult to find.’ The law reports over …

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Expert Determination: Jurisdictional issues

James Farrell, Michael Mendelblat and Emily Lew explore a spate of recent case law relating to expert determination ‘Parties should try to agree whether the expert’s decision on a point of law will be treated as final and binding or whether the disappointed party should have the right to refer the issue to the court.’ …

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Case Round-Up: What’s new?

Paul Tonkin summarises recent case law developments ‘A tenant was not expected to think about or enquire into the landlord’s reasons for serving an otherwise unambiguous notice. In any event, the tenant might reasonably have concluded that the landlord had changed its mind since sending the first letter.’The following provides an overview of some of …

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Construction Act: Change is afoot

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Kim Teichmann provides an overview of the changes introduced to the 1996 Act and what they mean in practice ‘The big question is what to do if the parties realise that they have entered into a contract that is not compliant with the new Construction Act. It is important for the parties to amend their …

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