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Injunction – ‘persons unknown’

The courts have become increasingly willing to grant injunctions to cover anticipated trespass (typically involving illegal raves, fly tipping, or Travellers).
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Permitted development – commencement

In recent years, permitted development rights have been extended by the government in ways that could not have been envisaged a decade ago.

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Village green – mixed-use

The phrase ‘town and village green’ (TVG) conjures up an image of rural or suburban green land. But, that is misleading – the TVG legislation can cover industrial sites.

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Overage – planning problem

A recent case involved an overage agreement, with the developer buying an office building to change into residential use (using the permitted development planning rights).

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Overage – successor in title?

When drafting an overage agreement, how do you ensure that it binds successors in title?

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Restrictive covenant – ‘substantial’ benefit?

Is a £65,000 benefit ‘substantial’ when considering whether a restrictive covenant should be modified?

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Branded residence – loss of brand?

Expensive developments are often marketed under a ‘brand’ name (eg Harrods, a high-profile consumer name, or a top-end hotel brand).

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ACV – sale timetable

A summary of the asset of community value moratorium on sale.

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ACV – listing process timetable

A summary of the asset of community value listing process.

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Development – protected species

What happens if a developer finds a protected species on the development land? There are numerous wildlife protection Acts that might apply.

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Probate fees – increase delayed
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We reported in the April 2019 edition (p34) on the increase of probate fees which was due to come into effect in April 2019. Read more...
VAT Order – construction services
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The VAT (s55A) (Specified Services and Excepted Supplies) Order 2019 comes into effect in relation to supplies made on or after 1 October 2019. Read more...
Brexit – impact on solicitors
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The Law Society has issued guidance for solicitors on the impact of the postponement of the UK’s departure from the EU. Read more...
RTA claims – no lawyers
Thursday, 09 May 2019
The Gazette reports that the MoJ has issued a consultation as to how to create an IT platform to enable unrepresented litigants to progress their own claim. Read more...
CFAs – no automatic 100% success fee
Thursday, 09 May 2019
In RTA claims, may firms routinely set a 100% success fee and claim the maximum limit of 25% of total damages. Read more...
T’s failure to respond – not a refusal of access
Thursday, 09 May 2019
The UT has held that T’s failure to reply to a letter from L requesting access to the property did not amount to a refusal of access. Read more...
MEES non-domestic rentals – reminder
Thursday, 09 May 2019
The MEES regulations are designed to tackle the least energy efficient properties in England and Wales and the Regs establish a minimum standard of EPC band E for domestic and non-domestic private... Read more...
‘Highway’ – no single meaning
Thursday, 09 May 2019
The SC has recently clarified the meaning of a highway. Read more...
Procedure – divorce
Thursday, 09 May 2019
Divorce practitioners may be particularly interested in the background to a recent case setting out the administrative processes and procedures by which errors in divorce proceedings are picked up... Read more...
EU citizens – right to work checks
Thursday, 09 May 2019
The government has issued guidance on employing EU, EEA and Swiss citizens, and their family members, after Brexit. Read more...

Resources

IAG International
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