Cybercrime In Conveyancing: Stay safe

Robert Rutherford and Nigel Smith outline how to protect both firms and clients from scam e-mails during conveyancing ‘The Solicitors Regulation Authority ultimately takes the view that firms are responsible for safeguarding client funds, and in turn law firms must replace any money that is “improperly withheld or withdrawn from a client account”.’The rise in …
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Co-Ownership: Inference, imputation and child maintenance

Barnes v Phillips explores the circumstances in which the beneficial shares of unmarried co-owners should be varied, as Mark Simeon Jones explains ‘This evolution of the modern law has been marked by two significant milestones; first, the judgment of the House of Lords in Stack v Dowden, and second, the judgment of the Supreme Court …
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Construction Focus: Enforceability of agreements

John Starr assesses the enforceability of informal agreements in the context of recent case law ‘Both cases make clear the importance of using the words “subject to contract”. While the use of those words is not always determinative, it is generally regarded as a strong indicator that the parties do not intend to be bound.’Parties …
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Leasehold Enfranchisement: 2015 in review

Natasha Rees provides an overview of a year in enfranchisement ‘The wording of [a] counter-notice is crucial when considering whether the equivalence test has been satisfied. A freeholder keen to avoid losing additional freehold land must consider carefully which rights to offer in its counter-notice.’With appeals on issues ranging from statutory costs to the rights …
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Construction Trends: Keeping an eye on the ball

Riaz Hussain examines legal and litigation trends for construction in the year ahead ‘Although in most respects the Supreme Court is not saying anything new [in Arnold v Britton], the emphasis of the majority’s view claws back from some of the more purposive approaches taken in recent cases. The impact of this decision on construction …
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Housing And Planning Bill 2016: Building the future

Lucy McDonnell considers the intricacies and implications of the Bill ‘Controversially, starter homes seem likely to be classed as affordable homes in the context of planning obligations under the current review of the National Planning Policy Framework, and for the replacement of high-value, council-owned homes in London.’ Housing has become a key priority for the …
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Break Clauses: The letter of the law

Darrell Chiheb reviews a case clarifying the position on break clauses, which reasserts the importance of express over implied terms ‘While it may be tempting for a court to construe an instrument by the inclusion of implied terms to make it fairer or more reasonable, the court will use this power in only exceptional circumstances.’ …
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