November 2020 #382 – Law Journals

Forfeiture of leases: Time for reform?

Mark Pawlowski argues for the implementation of the Law Commission’s proposals for reform of the law of forfeiture Despite the Law Commission’s proposals receiving a large measure of support from the property industry, concerns have continued to be raised over several aspects of the summary termination process. There has been a continued lack of progress …

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Fire safety: Form ESW1 reviewed

Sarah Mirza discusses the problems raised by the new form, and the issues that have arisen since As a result of AN14, the industry discovered a widespread problem with the design and construction of external wall systems in tall buildings – particularly the use of readily-combustible cladding systems, forms of insulation and defective cavity barriers. …

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Commonhold: A change for the better?

Lauren Fraser and Laura Bushaway consider the ramifications of the Law Commission’s proposed reforms The Law Commission’s proposals envisage a significantly larger role for the First-Tier Tribunal, making it the primary forum for disputes regarding residential property. Residential property ownership could look very different in the future if the Law Commission’s package of reforms to …

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VAT: New guidance on compensation payments

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Sarah Cardew warns of the impact on past and future real estate transactions of recent changes to VAT rules Particularly worrying is the fact that the retrospective nature of this change might not be limited to VAT and could represent a change of direction for the government, as they seek to recoup revenue after the …

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Construction Focus: The Building Safety Bill and beyond

Emily Holdstock considers fire safety in the construction industry post-Grenfell, focusing on the Bill and the reforms it proposes to introduce The Building Safety Bill aims to establish a chain of duty holders across the life cycle of higher-risk buildings. Few will be unaware of the events at Grenfell Tower in west London on 14 …

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The Henderson rule: Applications to amend

Is it possible to resist an application to amend on the grounds that the new case could and should have been advanced earlier? Martin Hutchings QC reviews the basic principles in the context of a recent case One could be forgiven for concluding that the danger that the rule in Henderson is designed to meet …

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Business interruption insurance: Covid-19: insurance to the rescue?

Mike Scott considers the implications of the judgment in the test case brought by the FCA For both landlords and tenants, the FCA test case decision helps determine whether their specific policy wording covers the losses that have been suffered as a result of Covid-19. The topic of insurance has once again stepped into the …

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