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Collective enfranchisement – intention?

Two flat owners bought the freehold via collective enfranchisement. They signed a declaration of trust to hold the freehold in trust as tenants in common in equal shares. Subsequently, one of them refused ...

Probate – e-material

The author looks at the issues raised by drafting wills in a digital age, and the challenges for administrators who are left to discover what the deceased owned (and owed) if they left no accessible ...

Permitted development – implied exclusion?

Permitted development rights allow certain categories of ‘development’, that would otherwise require planning permission, to go ahead without such permission. An example of a permitted development was the change in 2013, when it was announced ...

Offences – tax evasion

From September 2017, it will be a criminal offence for companies to fail to prevent the facilitation of tax evasion in relation to UK taxes under s45 Criminal Finances Act 2017; s46 creates an offence ...

SAR – judge’s notes

Can a judge’s handwritten notes be disclosable under a subject access ...

Development – zero-rating

A developer who acquires a bare or existing commercial site for redevelopment will have to pay VAT up-front. Often, the seller will have exercised an option to tax so VAT of 20% will be payable. ...

Business tenancy – redevelopment

’Redevelopment’ is one of the grounds on which L can oppose T being granted a renewal tenancy under LTA 1954. Under s30(1)(f) L can oppose renewal if ...

Procedure – Ofsted

It is appropriate for judges to speak to Ofsted inspectors when discussing the ‘quality of the preparation of public law cases that the local authority brings before the family ...

Whistleblower – public interest?

The whistleblowing legislation was amended in 2013 so the disclosure must now be ‘in the public interest’. This change was designed to reverse an EAT decision which had allowed a personal contractual dispute to come ...

Right of way – obstruction by gate?

If your land is subject to a right of way, then you may be able to erect a gate without that being a ‘substantial interference’ with the right of ...

Vicarious liability – independent contractor

The question of vicarious liability for the deliberate actions of an independent contractor has recently been considered in the context of claims against a doctor who carried out medical examinations for a ...

Debt – winding up

A company’s liquidator can potentially recover any of the company’s property that is transferred after the date on which a winding-up petition is issued. Section 127 IA 1986 makes any disposition of property (eg money) ...


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