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Property - joint tenancyAn application to the Court of Protection was sufficient to sever a beneficial joint tenancy. In a recent case, two cohabitees bought a property and lived there together for more than 20 years, holding it ... |
Enfranchisement - non-residential adjoining landThere is no right to enfranchise a 'house' if the freeholder owns adjoining non-residential land. In a recent case, there was a house with large gardens, situated in an even larger park. ... |
Estate agents - updateTwo recent cases show the pitfalls for estate agents who do not get their documentation correct: ... |
Joint tenancy - advice to clientWhen acting for joint buyers it is important to ascertain whether they are joint tenants or tenants in common (and, if so, their respective shares). If they are to be joint tenants, then it is ... |
Offences - corporate liabilityIt was impossible to impose criminal liability on a company for intentionally making a false entry to an environmental control record in circumstances other than those where an intention to make a false entry can ... |
TUPE - 'fundamentally or essentially the same'TUPE applies when there is either: (i) a transfer of an economic entity that retained its identity (a standard transfer); or (ii) a service provision change (a service provision transfer). ... |
Ombudsman - name and shameThe Legal Ombudsman will now start publishing the names of lawyers where there is a 'pattern of complaints' against them, or where it is in the 'public interest' to do so. Just what constitutes a ... |
Reasons - failure to provideWhat happens if an LA fails to provide reasons for having granted planning permission? The answer is that the officer should take the matter back to the committee at the earliest possible opportunity so that ... |
Jurisdiction - BrusselsHow does an English court decide whether it has jurisdiction? The answer will usually lie in the Brussels Regs, failing which common law principles apply. ... |
'Compensation' - not a supplyA compensation payment will not be VATable (being regarded as damages or liquidated damages). Interestingly, it is possible for ongoing contractual payments to be regarded as 'compensation' (rather than contractual payments for the provision of ... |
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