May 2016 #341 – Law Journals

Construction Focus: Smash and grab

John Starr investigates whether ‘smash and grab’ adjudications relating to a final account should be reconsidered by another adjudicator ‘In this case, the Court of Appeal decided that the employer’s failure to serve a pay less notice had limited consequences. It merely meant that the employer had to pay the full amount shown on the …

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Surrender By Operation Of Law: Vacate at your peril!

Mark Pawlowski analyses when a lease can be terminated using surrender by operation of law ‘The burden of proof is on the party asserting that the tenancy has been surrendered. Moreover, a high threshold is imposed in determining whether or not the landlord has accepted an offer of surrender from the tenant.’ A surrender is …

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AGAs: The neverending story?

Bryan Johnston reports on the outcome of a recent High Court decision, and calls for further reform to the 1995 Act ‘The fact that judicial time is being taken up with cases arising from the operation of the Act emphasises its fundamental flaws and lack of commercial and at times rational application.’The Landlord and Tenant …

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Budget 2016: What’s new?

Alastair Morrison and Rose-Anna Higgins consider the details of the increased stamp duty land tax burden for buyers and their advisers ‘The method of calculating stamp duty land tax (SDLT) where the new rules apply to any one or more of linked transactions has changed, owing to the move from a slab to a slice …

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Case Study: It takes two

Dean Monk examines a case in which a guarantor unsuccessfully sought to avoid liability on the basis the landlord had accepted a surrender of the lease ‘Landlords should immediately make it clear in writing what their position is, and be careful that they continue to tow that line (both in writing and in informal discussions …

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Brexit: Perspectives for commercial real estate

William Naunton and Bryan Pickup review the potential implications of a possible exit from the EU ‘Ultimately, Brexit is only one part of the larger picture for the future UK real estate market. The EU referendum may determine more than just the future of the UK’s relationship with Europe; it may also decide the fate …

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Planning And Environment Update: The risk of flooding

Rebecca Clarkson and Roy Pinnock explore the conflict between planning policy preventing development in flood zones and the need to build more housing ‘As well as flood protection and mitigation measures, planning policy also has an important role to play in preventing development in unsuitable areas, and ensuring that developments are designed to robustly protect …

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