News and Articles
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PLA Annual Debate – summary of costs discussion
05th Nov 2014
The PLA have conducted a survey of its members, cost lawyers and PBA members to gauge opinion on the recent Jackson Cost Budgeting reforms. The survey suggests a general dissatisfaction with the reforms and how the reforms have been implemented.Read article -
Land registration and fraudulent dispositions
31st Oct 2014
The Land Registration Act 2002 (“the LRA 2002”) came into force 11 years ago. After 152 years of “the land registration project” over 80% of the land in England and Wales is registered. The Law Commissioner responsible for property projects, Professor Elizabeth Cooke, recently said: "the purpose of title registration is to guarantee title"Read article -
Sirhowy Investments Ltd v Henderson & Knight
30th Oct 2014
Tenants should avoid conditional break clauses if they can.Read article -
Lender Breach of Trust Claims
30th Oct 2014
In Target Holdings Ltd v Redferns [1996] 1 AC 421, the House of Lords proceeded on the basis, first, that the money given by the finance company lender to its solicitors was “to be held on a bare trust and transferred to the mortgagor once the property had been purchased and charged to (it)” and, secondly, that the payment away of some of the majority of that money “before the prospective mortgagor had purchased the property” and “without having received any charge on the property” amounted to a breach of trust. This form of liability is not fault-based.Read article -
Francis v Phillips
28th Oct 2014
The legislation limits residential service charge recovery unless there is the requisite consultation before qualifying works.Read article -
Guide to the modification or discharge of restrictive covenants under Section 84 LPA 1925
30th Sep 2014
Off the starting blocks we assume the covenant is enforceable, but it is necessary to check the running of the benefit and burden meticulously.Read article -
Fred Perry (Holdings) Limited v Genis
01st Aug 2014
An Englishwoman’s home is not her castle.Read article -
CLP Holding Company Limited v Singh & Kaur
31st Jul 2014
A sale contract must clearly state if VAT is payable on the price.Read article -
Cohen v Teseo Properties Limited
18th Jul 2014
Developers can suffer from badly drafted agreements.Read article