February 2015 #328 – Law Journals

Common Intention Constructive Trusts: The role of illegality

Sukhninder Panesar examines a case where one of the beneficiaries to a common intention constructive trust of land had been involved in an illegal purpose ‘O’Kelly provides an excellent example of when a constructive trust will be imposed in cases where the legal title is taken in the sole name of one of the cohabiting …

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Case Law Round-Up: A kaleidoscope of cases

Alexandra Foxon and Gary Lawrenson summarise their highlights of 2014 focusing on commercial landlord and tenant cases ‘When negotiating new leases, express apportionment clauses are a “must have” for tenants.’ As we begin the new year, it is a good time to reflect on decisions that grabbed the headlines in the real estate world in …

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Construction Focus: Mediation: stays and windows

Should a window for ADR be built into a dispute referred to the TCC? John Starr analyses the findings of a recent case ‘It was wrong in principle for the court to fix a “window” for ADR at a time when at least one significant party – in this case the claimants – positively did …

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Planning Update: Neighbourhood planning – three years on

Anna Cartledge focuses on the use of neighbourhood plans as well as their potential significance ‘The government has taken numerous practical steps to accelerate the ease with which neighbourhood plans can be formulated, such as making additional resources available to local planning authorities to assist with the administration of the plans.’ The concept of neighbourhood …

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Signatures: Sign of the times

What counts in law as an effective signature? Malcolm Dowden investigates in light of recent case law ‘The Court of Appeal decided that the old rules relating to typewritten “signatures” were inapplicable to the Law of Property (Miscellaneous Provisions) Act 1989, s2.’Apart from temper tantrums and fine food, King John, Henry VIII and Gordon Ramsay …

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Rights Of Light: Questions and answers – part 5

Andrew Francis reviews the Law Commission’s report and draft bill on rights to light, published at the end of last year ‘The draft bill, coupled with the 2011 Bill, ought to be the subject of urgent scrutiny by the Department for Communities and Local Government and brought before Parliament without delay. But it seems unlikely …

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Assets Of Community Value: Mind the gaps

Simon Adamyk considers the gaps left in the legislation for the listing of land or buildings as assets of community value and suggests ways of addressing them ‘If the nominated asset meets the definition of an asset of community value (ACV) and the nomination comes from a group that is eligible to nominate an ACV, …

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