July/August 2019 #373 – Law Journals

Commercial leases and contracting out: A question of authority

A recent case concerning the validity for contracting out of a number of leases raised points regarding authority as well as wider issues, as Kevin Manley finds out ‘In the court’s view, TFS’s solicitor’s job was to do all that was necessary to give effect to the deal as outlined in the heads of terms, …

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Collateral warranty claims: Relegation and limitation

Jamie Key considers a case highlighting the importance of noting the terms of the underlying contract and its limitation period when bringing a claim for breach of warranty ‘SSMC’s claims failed because the council had issued a notice of completion of making good defects. The building contract provided that completion of making good defects shall …

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Residential update: A recap on residential tenure reform

Leigh Shapiro and Brian Dowling examine proposals on reform of leasehold and commonhold following a spate of recent consultations ‘The intention set out in the Ministry of Housing, Communities and Local Government consultation is to abolish the disposal of houses on a long leasehold basis, unless very clear exceptions apply.’ Anyone dealing with residential property …

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Building safety: Proposals for reform of the regulatory system

Rebecca Rees, Douglas Rhodes and Stuart Brown explain the government’s recently announced law reform proposals following the Hackitt Review ‘The government is proposing an entirely new regulatory system underpinned by a new competency framework, a new regulatory body and at least three new legal roles covering every residential building of six storeys or more in …

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Non-reliance clauses: Draft with caution

Michael Norris outlines judicial guidance on the reasonableness of non-reliance clauses, and points to consider when attempting to limit a trustee’s liability to the assets of the trust ‘The judge at first instance concluded that while there might be arguments about which enquiry was the relevant one, there was a clear misrepresentation in relation to …

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Construction focus: Jurisdictional issues in adjudication

John Starr reviews the ambit of bringing a challenge to an adjudicator’s decision based on jurisdiction ‘The judge was satisfied that Coleman Bennett… had positively admitted that there was jurisdiction by reference to the application of s104 of the Housing Grants, Construction and Regeneration Act 1996.’ Following the recent Court of Appeal decision in Bresco …

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Injunctions: A workable remedy

David Manda and Ruth Ormrod report on the Court of Appeal case of Boyd v Ineos Upstream which has provided guidance on the controversial issue of bringing injunctions against ‘persons unknown’ ‘The court discharged those injunctions that purported to prevent unknown people from taking part in protests which may affect Ineos’ suppliers, because they were …

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