November 2016 #346 – Law Journals

Construction Focus: A minor matter?

John Starr makes the case for a properly documented construction contract ‘The judge decided that it was appropriate to look at the parties’ conduct for the purpose of determining whether and how the contract was made.’The case for a properly documented contract of any kind is fairly compelling when it is well known that contractual …

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Remedies: A case for pragmatism

Andrew Williams explores a landlord’s remedies for tenant disrepair during a tenancy ‘The forfeiture route carries many advantages for a landlord; not least of all, claims for forfeiture commonly include a claim for damages.’It is easy to empathise with the landlord of commercial premises who discovers that its tenant has allowed the building to fall …

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Valuation Disputes: Limiting liability

Alex Anderson and Claire McNicholl report on a case which raises points of concern for valuers ‘By a majority of two to one, the Court of Appeal held that the “but for” test should be applied but that it was not correctly applied by the High Court.’Valuers should exercise caution concerning the scope of the …

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Leases: An illuminating judgment

Katie Gray reviews a recent case that considers the competing interests of freeholders and RTM companies ‘The case for the leaseholders was that the effect of the 2002 Act is to impose an absolute prohibition on any landlord from developing any part of a building in respect of which a Right to Manage company exercises …

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Fraud: Who is on the hook?

Should a vendor’s solicitor be under the same scrutiny as those representing the purchaser? Mary Young and Ben Hillman discuss ‘The Law Society Property and Registration Fraud Practice Note asserts the need for caution, as criminals will always attempt to exploit weaknesses in lending and conveyancing systems.’ Victims of identity theft or modern scams frequently …

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Break Notices: The letter of the law

Martin McKeague provides tips on exercising commercial lease breaks ‘Once the decision has been made to seek to bring a commercial lease to an end, the failure to serve a valid break notice can have drastic consequences.’Focusing on the core of a business can be a sensible strategy when it comes to improving efficiency. It …

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Planning Update: A plea for bolder reform

Katie Scuoler examines the compulsory purchase changes set out in the Housing and Planning Act 2016 ‘Section 172 of the H&P Act introduces a general power for any person authorised by an acquiring authority to enter onto land for the purposes of a survey or valuation on 14 days’ written notice.’ Pressure has been mounting …

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