The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Land

Restrictive covenants – pre-1926?

LPA 1925 did not fundamentally change the law on the enforceability of restrictive covenants; accordingly, similar principles apply when deciding whether a covenant is enforceable whether it be pre-1926 or post-1925.

Subscribers only...
 

Japanese knotweed – nuisance

The potential for litigation over Japanese knotweed was made clear by a Cardiff County Court decision we noted in our March 2017 issue (p7). Since then, the implications of that decision have become more widely recognised.

Subscribers only...
 

Easement – different land?

To what extent can an easement benefit other land? The simple answer, of course, is it all depends on the extent of the grant – if there was an express grant, then it will depend upon the precise wording used in the deed (as well as the circumstances, and the intention of the parties at the time).

Subscribers only...
 

Construction – ‘smash and grab’ adjudications

Coulson J has firmly stamped on the trend in the construction sector for losing parties to try and side-step the decision made by an adjudicator, through raising issues at enforcement proceedings.

Subscribers only...
 

Houseboat – adverse possession

Could mooring a houseboat (for more than 12 years) in the same position amount to a claim for adverse possession?

Subscribers only...
 

Non-doms – Finance Act

One of the consequences of the general election was that Finance Act 2017 had to be curtailed. As a result, various provisions have not come into law – in particular, those relating to non-doms:

Subscribers only...
 

Rates – Check, Challenge, Appeal

The Check, Challenge, Appeal Regime replaces a long-established process of challenging rates assessments. It is frontloaded, heavily prescribed, procedurally burdensome – and risky. There are three stages:

Subscribers only...
 

Equity – exoneration

The ‘equity of exoneration’ is a 19th century common law doctrine, which is still of important modern application.

Subscribers only...
 

ACV – consequences

The assets of community value regime was introduced by Localism Act 2011. But, what are the consequences of registration as an ACV? In essence, there are three:

Subscribers only...
 

Restrictive covenant – insurance?

If you are buying a property subject to a restrictive covenant, do you need to take out insurance to cover liability for your predecessors’ breaches?

Subscribers only...
 


Page 6 of 62

Most-read articles

IHT – personal representatives’ liability
Thursday, 14 June 2018
PRs are personally liable for paying IHT on an estate, even where the beneficiaries undertake to pay it themselves but do not do so, the court has confirmed. Read more...
Courts – reductions
Thursday, 14 June 2018
The government has announced that it will reduce court staffing numbers from 16,500 to 10,000 by 2022. Read more...
Part 36 – strict compliance
Thursday, 14 June 2018
Part 36 is a ‘self-contained procedural code’ (CPR 36.1). Being ‘self-contained’, this means that no other rules can be imported. Read more...
Damages – lost years
Thursday, 14 June 2018
A ‘lost years’ claim is for the loss of earnings in the years when the claimant will be dead (but would have been alive but for the defendant’s actions). Read more...
Assured shortholds – requirements
Thursday, 14 June 2018
A summary of the requirements for new lets of residential properties: Read more...
Rent reviews – which index?
Thursday, 14 June 2018
Rent under a lease may well be indexed – in which case, it is likely to be by reference to the retail price index (RPI). Read more...
Japanese knotweed – the cases
Thursday, 14 June 2018
Japanese knotweed is virtually irremovable; only the strongest chemicals will work against it, and simply digging out the roots is not sufficient. Read more...
Financial orders – future earning capacity
Thursday, 14 June 2018
H’s future earning capacity was not a matrimonial asset for the purposes of a financial settlement, the Court of Appeal has ruled. Read more...
Notice – start date?
Thursday, 14 June 2018
Suppose an employee is sent a letter of dismissal by post. The letter is delivered, but the employee is on holiday and says she did not read it until a later date. Read more...
Sentencing – hospital orders; hybrid orders
Thursday, 14 June 2018
In this article, the author (who represented the appellant) considers the making of hospital orders in criminal proceedings, and the use of hybrid orders, following a Court of Appeal ruling. Read more...

Resources

IAG International
In House Lawyer
MSI Global Alliance
www.totallylegal.com
Join the IBA now!