The Practical Lawyer


Non-domiciled – residential property

Source: Dechert.


Development – public procurement?

The question of whether the public procurement rules apply to land development agreements has long been the subject of controversy. Much of this dates back to the high-water decision of Roanne [2007] which created many problems for LAs and other public bodies who wanted to enter into agreements with developers, but found themselves constrained by the public procurement rules.

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Development – agricultural land

Gaining vacant possession of agricultural land can be difficult. The first task is to identify the agricultural occupier’s legal interest: is it a lease or merely a licence; is it for agricultural use, or is it for business use?

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CLLS – certificate of title

The City of London Law Society has updated the seventh edition of its certificate of title.

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Village green – right of way?

Can a landowner oppose an application for registration as a village green on the basis that the public are merely using an existing public right of way? The answer in principle is ‘yes’, in that the court will discount the usage arising from use of the public way, and merely take into account other usages.

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Occupier’s liability – duty

Occupier’s liability duties towards visitors are set out in OLA 1957; duties to trespassers are in OLA 1984. Both Acts apply to ‘any danger’ due to the state of the premises or to things done or omitted to be done on them. But, there is different wording as to the extent of those duties. Under the 1957 Act (‘visitors’) the duty is to ‘see that the visitor will be reasonably safe’, whereas under the 1984 Act (‘trespassers’), the duty is to ‘see that he does not suffer injury… by reason of the danger’.

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UK tax – enveloped

Companies holding UK residential properties are subject to an annual tax, the annual tax on enveloped dwellings (ATED). However, ATED does not apply to a company if its UK residential properties are let on a commercial basis to unconnected persons.

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Personal guarantees – unfair terms?

There has been an important CJEU ruling on when the Unfair Terms Directive (ie Consumer Rights Act 2015, and previously Unfair Terms in Consumer Contracts Regs 1999) apply to personal guarantees given by individuals.

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Electronic communications – code

The Electronic Communications Code dates back to 1984 and sets out the legal framework for telecoms operators to keep masts etc on private land. A new draft code has now been issued (as part of the Digital Economy Bill). It sets out the significant changes that are almost certain to happen under the new regime:

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Misrepresentation – threefold test

A neat illustration from TLT Solicitors as to how the laws of misrepresentation might apply. The scenario involved is when a buyer of a flat does not think that the block of flats has the secure car parking promised in the marketing material, but L disagrees, arguing they have put in place a number of security measures. The end result is that T sues for misrepresentation:

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Page 10 of 63

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Should electronic property searches be treated as disbursements for VAT purposes? Alternatively, are they part of the legal service provided, and so subject to VAT? Read more...
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From December 2018 there will be new rules requiring firms to publish prices for conveyancing, probate, motoring offences and immigration, as well as the price for bringing ET claims.  Read more...
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To what extent do you have a duty to point out the other side’s procedural errors (as part of your obligation to comply with the ‘overriding objective’)? Read more...
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Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’. Read more...
Airbnb – breach of lease
Wednesday, 11 July 2018
It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
Wednesday, 11 July 2018
If L is planning to sell a property subject to leases, then almost certainly a data room will be set up containing all relevant documents. Read more...
Rights of way – public
Wednesday, 11 July 2018
There are four categories of public rights of way: Read more...
Financial remedies – company assets
Wednesday, 11 July 2018
A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
Wednesday, 11 July 2018
GDPR impacts on the giving of references:


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