May 2017 #351 – Law Journals

Break Clauses: Rigour not reasonableness

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Christopher Morris sets out the current position on advanced payment apportionments and the law of implied contractual terms ‘The decision in M&S has had a tangible effect on property law and real estate practice.’ Just over a year on from the Supreme Court’s decision in Marks & Spencer plc v BNP Paribas Securities Services Trust …

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Planning Update: Work in progress

Lucy McDonnell outlines the current status of neighbourhood planning ‘One of the major amendments made to the Bill in the House of Lords is to encourage dialogue between the parties as part of a neighbourhood plan examination.’ The government has demonstrated its continuing commitment to neighbourhood planning by naming a Bill after it, including it …

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Contract: A question of interpretation

Sandra Clarke examines the factors that determine a contract for the disposition of an interest in land ‘The essential terms for a valid contract to sell land are the parties, the property and the consideration.’ The recent Court of Appeal decision in Rollerteam Ltd v Riley [2016] adds to the decided cases surrounding s2(1), Law …

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Dilapidations Claims: A damaging judgment

Tim Rayner assesses good practice when claiming costs in dilapidations claims ‘If the landlord undertakes works that were the responsibility of the tenant, then the cost of those works will be a good guide as to the landlord’s loss.’ The case of Car Giant Ltd v London Borough of Hammersmith & Fulham [2017] concerned a …

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Beneficial Ownership: Behind the veil

James Brown and Mark Pawlowski consider the possibility of disclosing beneficial interests on the land register ‘The proposal to introduce a register of beneficial interests would need to coincide with a related amendment to the Land Registration Act 2002.’ Property lawyers will be familiar with the so-called ‘curtain principle’ under which beneficial interests are kept …

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Construction Focus: Risky business

Letters of intent can lead to uncertainty and costly disputes. John Starr discusses recent cases ‘The judge did not consider that the letter of intent itself imposed a condition that the contemplated replacement contract had to be the subject of formal execution.’Letters of intent are widely used in the construction industry as a means of …

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