January 2011 #262 – Law Journals

Disclaimer Of Leases: Tactics for landlords

Tom Hubbard examines the powers of a liquidator to disclaim leases and strategies for landlords faced with tenants who are in liquidation ‘A validly appointed liquidator possesses a statutory power to disclaim onerous leasehold property during the process of liquidating a company.’In these hard times many companies are struggling, and those that lose the battle …

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Leasehold Enfranchisement: Deferment rates in the spotlight… again

Natasha Rees reviews a decision of the Upper Tribunal concerning the correct rate to be applied to leases under 20 years ‘The Upper Tribunal decided that there should be a departure from the rate fixed by Sportelli. In doing so, they adopted the formula laid down by Sportelli but accepted that adjustments had to be …

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Landlord And Tenant Update: Exclusivity agreements

Simon Keen and Angus Coulter assess what it means when land agreements are brought within the confines of competition law. In most cases, land agreements would not be expected to have an adverse effect on competition, and so the only cost to landlords and tenants will be of carrying out the self-assessment process.Tenants often seek …

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Case Study: Prescriptive easements and personal consents

Matthew Cox considers a recent case where a personal license had ended but the use continued. At what point did a prescriptive easement arise? ‘In order to succeed in a claim for a prescriptive easement, the use must not be procured by force, stealth or licence of the owner.’What happens when a personal licence to …

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Construction Adjudication: A stay of execution

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Heath Marshall looks at recent challenges to the decisions of adjudicators and how the financial position of the winning party can affect their outcome ‘The courts have stated that, in enforcement proceedings, they will consider the financial circumstances of both parties if appropriate, although the outcome of such consideration has historically been capricious.’The decisions given …

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Manorial Rights: Title challenge

Paul Stafford explains why those who hold a manorial title, or those who challenge it, must examine the foundations on which the particular title stands ‘The exercise of any right of lordship depends first on establishing or upholding title to the lordship; this is a more difficult task than is often recognised.’Manorial law continues to …

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Construction Focus: Bribery Act 2010

With the imminent introduction of the Bribery Act, John Starr outlines the new offences it creates and its implications for the construction industry ‘All organisations will need to have measures in place to counter bribery, including a statement of values, a code of conduct, detailed policies and procedures, risk management procedures, training and guidance, internal …

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