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SDLT – avoidance

All conveyancers will know that the SRA has warned solicitors about their involvement in SDLT avoidance schemes. 
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School sites – reverter?

During the 19th century, various Reverter Acts encouraged landowners to give land for charitable purposes (eg schooling).
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Development – above and below

The shortage of development sites, and increased rates of SDLT, are part of the reason why there are many more applications to dig down (ie to create a new basement) or go up (ie create an additional floor on top).
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‘Endeavours’ – meaning?

It is not uncommon for a contract to require a party to engage in ‘best endeavours’, ‘reasonable endeavours’, or ‘all reasonable endeavours’.
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Right of way – abandonment?

It is difficult to argue that a right of way has been abandoned.
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Right to light – challenging

What tools are available to a developer when a site is subject to rights of light? 
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Adverse possession – what is it?

Adverse possession is a question of fact. Importantly, the use of the word ‘adverse’ is somewhat misleading:

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Restrictive covenant – update

Two unrelated, but noteworthy, cases:

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Japanese knotweed – nuisance

One of the (potentially) most important decisions last year was a humble county court case in which it was held Network Rail was liable after Japanese knotweed grew close to neighbouring terraced houses.

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Business rates – artificial schemes

The increasing burden of business rates means that owners of empty properties are now far more likely to look for ways in which they can avoid liability.

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Page 5 of 66

Most-read articles

Disputed will – guidance; procedure
Wednesday, 13 February 2019
What should you do if asked for correspondence and other documents in relation to a will you prepared for a client who has since died?  Read more...
MoJ – IT meltdown
Wednesday, 13 February 2019
Many litigators are no doubt all too aware of the Ministry of Justice (MoJ) January 2019 IT failures that hit the delivery of frontline legal services in some courts.  Read more...
Statutory notices – service
Wednesday, 13 February 2019
The SC has widened the scope of the service of statutory notices. Read more...
Part 36 offers – appropriate
Wednesday, 13 February 2019
Part 36 of the CPR allows a claimant or defendant to make an offer of settlement before trial. If the offer is not accepted and the opposing party does not meet the offer at trial, the court may... Read more...
Noise nuisance – liability?
Wednesday, 13 February 2019
A recent High Court decision has confirmed that L is not liable for nuisance caused by its T merely because L does not take steps available to prevent the cause of the nuisance, even when L knows... Read more...
RICS – service charges
Wednesday, 13 February 2019
We noted the RICS Code of Practice on service charges in our October 2018 issue, p19; the ‘Service Charges in Commercial Property (1st edition)’ comes into force on 1 April 2019. Read more...
Notice of severance – rectification?
Wednesday, 13 February 2019
A recent case reminds practitioners of the importance of ensuring that a notice of severance accurately records all of the titles intended to be severed. Read more...
Children – parental responsibility; removal of
Wednesday, 13 February 2019
In what circumstances might the court order the removal of PR from the father? The author comments on a recent case which involved a unique set of circumstances justifying the removal of PR.  Read more...
Incompetence – not discrimination
Wednesday, 13 February 2019
The CA has held that an incompetent process does not amount to discrimination. Read more...
Sentencing – contempt of court
Wednesday, 13 February 2019
The Court of Appeal has ordered a new trial in relation to a claimant remanded to prison overnight for discussing evidence in a civil case.  Read more...

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