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Lease extension – assignment?Long lessees have the right to claim an extended lease under Leasehold Reform, Housing and Urban Development Act 1993. T must serve a notice on L, and in response L must serve a counter-notice ... |
Restrictive covenant – who benefits?For a restrictive covenant to be enforceable by a successor in title, there are two requirements: (i) the land benefiting must be identified, and (ii) the benefit must have passed to the person trying ... |
Virtual assignments – validThe CA has upheld the validity of virtual assignments. In its view, a virtual assignment will not be in breach of a covenant that says T is not to:
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Statutory wills – capacityPractitioners should note that the Mental Capacity Act 2005 has had a big impact on the approach to statutory wills made on behalf of individuals lacking capacity. The Act requires all decisions made under ... |
Procedure – relocationThe father (F) unsuccessfully applied for permission to appeal a decision allowing the mother (M) to relocate to Slovakia with their two sons. The trial judge had also made a shared residence order relating ... |
Children – child maintenanceThe CMEC has assumed responsibility for the CSA although its powers are not yet fully operational. But practitioners should note that new child maintenance clients will continue to be dealt with by the CSA ... |
Non-contentious – remuneration certificateThere was relatively little publicity given to the sudden abolition of remuneration certificates last August. Indeed, many firms have yet to change their standard documentation to reflect the fact the remuneration certificate procedure no ... |
Procedure – sentencing proposals not bindingWithout definitive guidance from the Sentencing Council, proposals of the Sentencing Advisory Panel were not yet binding on sentencers. In a recent appeal, two appellants (A) unsuccessfully appealed their prison sentences for being knowingly involved ... |
Harassment – 1997 ActThe Protection from Harassment Act 1997 was originally introduced to deal with the problem of stalkers. Since then, there have been ongoing attempts to extend it to the workplace. We now have a CA ... |
Planning – mistake of factA householder applied for planning permission but that was refused. He subsequently submitted a second, slightly different, application which was opposed by his neighbours, and that was also refused. Finally, he appealed the first ... |
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