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Conveyancing

Off-plan – developer insolvency

A recent High Court case illustrates the dangers of buying off-plan. These are dangers that all buyers should be clearly warned about.

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Bankruptcy search – protection

A reminder of what a K16 bankruptcy search does. It checks whether, in the last five years, the name searched against has been subject to (1) a petition in bankruptcy (in the register of pending actions); (2) a receiving order in bankruptcy (a bankruptcy order in the register of writs and orders); or (3) a deed of arrangement (in the register of deeds of arrangement).

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Pre-contract enquiries – non-reliance clause

Should a non-reliance clause in the lease (which says that T has not relied on any previous statement or representation by L) prevail over an incorrect reply to a pre-contract enquiry?

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Fraud – Dreamvar

Dreamvar is a nightmare for conveyancing solicitors and their insurers.

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Failure to complete – example

This is an example of a ‘failure to complete’. It decides nothing new but merely illustrates what can happen.

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Enquiries – updating replies

If a seller replies to a pre-contract enquiry, that reply may constitute a ‘representation’.

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Ground rent – assured tenancy?

One of the unintended consequences of escalating ground rents is that if a ground rent under a long lease becomes more than £1,000 pa (London), or more than £250 pa (outside London), it will be an assured tenancy under HA 1988.

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Land Registry – new lease

If a new lease is to be registered at the LR, then T’s solicitor should include evidence that (i) L’s mortgagee (if any), and (ii) L’s superior L (if any) have consented to the grant of the lease.

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Dreamvar – what do you do?

The CA’s decision in Dreamvar was simply one of public policy.

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Contract – implied terms

Convincing the court to imply terms into a contract can be an uphill struggle. This is particularly so with commercial contracts as the Supreme Court has made it clear (M&S [2015]) that terms will not be implied lightly.

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This was a pre-trial appeal of a ruling at a preparatory hearing. The two appellants (A) faced charges under s17 Terrorism Act 2000 of sending money overseas, or arranging to do so, knowing or having... Read more...

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