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Land

Competition – OFT

Very few property transactions are likely to give rise to OFT-related competition issues, simply because the markets for commercial office space, residential property, retail premises, etc are highly competitive in most parts of the country.

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Company – undervalue transaction

As the recession bites, there will be more cases in which it is subsequently alleged that a company sale or transfer of land was at an undervalue (and so should be set aside). A reminder of the basic rules:

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Insurance – rebuilding

A lender will often want to ensure that insurance moneys are used to reinstate a building, rather than be handed to the insured (ie the borrower). In this respect, the Fires Prevention (Metropolis) Act 1774 may be relevant.

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Contaminated land – remediation

Land remediation tax relief gives a corporation tax deduction of 150% on qualifying expenditure incurred in decontaminating land (eg £1m expenditure gives rise to £420,000 worth of tax relief for a company paying 28% tax). Key points to note:

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Remediation relief – derelict land

Land remediation relief is to be extended to derelict land as from 1 April 2009. This could be an important issue for many property companies. Whilst the details are still being finalised, the outline points are clear:

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Receiver – fixed charge

If a lender wants to enforce a mortgage over land then a fixed-charge receivership will often be the simplest way to proceed.

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Receiver – Human Rights?

If a mortgagee’s receiver sells a property then is that sale subject to Human Rights Act restrictions? Typically, this issue will arise if it is a residential property and the defaulting borrower argues that there would be a breach of Article 1 (‘every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one should be deprived of his possessions...’).

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Trespass – High Court?

Normally, summary proceedings for trespass or squatting are brought in the County Court. But, it is often not appreciated that it may be possible to proceed in the High Court. The Part 55 PD says:

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Charging order – limitation period?

The Limitation Act 1980 sets out a 12-year period for an ‘action’ to recover ‘any principal sum of money secured by a mortgage or other charge on property’. Moreover, no action can be brought upon ‘any judgment after the expiration of six years from the date on which the judgment became enforceable’.

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Mortgage – repossession protocol

A new pre-action protocol for mortgage possession cases came into effect on 19 November.

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Most-read articles

Brexit – ‘no deal’
Monday, 22 October 2018
If there is a no deal Brexit, then the VAT rules on domestic transactions will not change. But, the rules for EU transactions will change: Read more...
Cohabitation – widowed parent’s allowance
Monday, 22 October 2018
The Supreme Court made a declaration that s39A Social Security Contributions and Benefits (Northern Ireland) 1992 Act, by which a widowed parent can only claim widowed parent’s allowance (WPA) if... Read more...
HMO – licence fees
Monday, 22 October 2018
Many LA licence fees for HMOs are unlawfully high. Read more...
Insurance – ‘premises’ or ‘building’?
Monday, 22 October 2018
The general rule is that if there is a fire, then L’s insurance will be for the benefit of both L and T. Read more...
Litigation privilege – wider
Monday, 22 October 2018
The CA has clarified the scope of litigation privilege. This follows widespread concern about a High Court decision which had taken a narrower view. Read more...
MIB – exclusions
Monday, 22 October 2018
The High Court has recently held that the Motor Insurers Bureau is an ‘emanation of the state’ under the EU Insurance Directives. Read more...
Proportionality – broad-brush approach?
Monday, 22 October 2018
When looking at ‘proportionality’ of costs, should the judge adopt a rigid mathematical approach to each item, or is a broad-brush approach to be preferred? Read more...
Rates – avoidance ploys
Monday, 22 October 2018
There are three main ploys (or ‘mitigation products’) for avoiding business rates. Read more...
Sentencing – careless driving
Monday, 22 October 2018
A lost his appeal against sentence following his conviction for causing death by careless driving. He had been sentenced to two years in prison, and disqualified from driving for five years (and... Read more...
Shared parental leave – take-up
Monday, 22 October 2018
Shared parental leave (SPL) was introduced in 2015. It allows parents to share up to 50 weeks of leave, with up to 37 weeks paid (subject to eligibility criteria), and they can choose to take the... Read more...

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