The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Conveyancing

Fraud – Dreamvar

Dreamvar is a nightmare for conveyancing solicitors and their insurers.

Subscribers only...
 

Failure to complete – example

This is an example of a ‘failure to complete’. It decides nothing new but merely illustrates what can happen.

Subscribers only...
 

Enquiries – updating replies

If a seller replies to a pre-contract enquiry, that reply may constitute a ‘representation’.

Subscribers only...
 

Ground rent – assured tenancy?

One of the unintended consequences of escalating ground rents is that if a ground rent under a long lease becomes more than £1,000 pa (London), or more than £250 pa (outside London), it will be an assured tenancy under HA 1988.

Subscribers only...
 

Land Registry – new lease

If a new lease is to be registered at the LR, then T’s solicitor should include evidence that (i) L’s mortgagee (if any), and (ii) L’s superior L (if any) have consented to the grant of the lease.

Subscribers only...
 

Dreamvar – what do you do?

The CA’s decision in Dreamvar was simply one of public policy.

Subscribers only...
 

Contract – implied terms

Convincing the court to imply terms into a contract can be an uphill struggle. This is particularly so with commercial contracts as the Supreme Court has made it clear (M&S [2015]) that terms will not be implied lightly.

Subscribers only...
 

Overseas companies – execution

PG78 has been amended to clarify the requirements for overseas companies executing deeds by the signatures of authorised persons.
Subscribers only...
 

Land Registry – DS1 delays

The LR has introduced additional anti-fraud checks for DS1s sent via the post, or using the LR portal or Business Gateway. 
Subscribers only...
 

Flying freehold – the basics


Flying freeholds often have an undeserved reputation for complexity. In particular, lenders can over-react. 
Subscribers only...
 
  • «
  •  Start 
  •  Prev 
  •  1 
  •  2 
  •  3 
  •  4 
  •  5 
  •  6 
  •  7 
  •  8 
  •  9 
  •  10 
  •  Next 
  •  End 
  • »


Page 1 of 46

Most-read articles

Trustees – duty to beneficiaries
Wednesday, 11 July 2018
Trustees cannot simply ignore beneficiaries’ request for information about a trust, the High Court has held. In this case, the trust property was a farm outside Cardiff. Read more...
Conveyancing searches – disbursements?
Wednesday, 11 July 2018
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...
Professional – update
Wednesday, 11 July 2018
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...
Service mistake – discretion?
Wednesday, 11 July 2018
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...
Exiting the Portal – reasonable
Wednesday, 11 July 2018
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: Read more...

Resources

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