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Lender – consent to sale?

It is not unusual to have a loan agreement saying that the secured property can only be sold with the lender’s approval (‘such approval not to be unreasonably withheld or delayed’).

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Nuisance – sensitive claimant?

It is well known that it is not a defence to a common law nuisance claim to show that the claimant ‘came to the nuisance’ by moving into their property after the nuisance was started.

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‘Endeavours’ – ‘reasonable’

In the May 2018 issue (p15) we noted the difference between ‘reasonable endeavours’ and ‘best endeavours’.

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Knotweed – no ‘encroachment’

There are two possible grounds for a nuisance claim in respect of Japanese knotweed.

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Japanese knotweed – the cases

Japanese knotweed is virtually irremovable; only the strongest chemicals will work against it, and simply digging out the roots is not sufficient.

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SDLT – avoidance

All conveyancers will know that the SRA has warned solicitors about their involvement in SDLT avoidance schemes. 
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School sites – reverter?

During the 19th century, various Reverter Acts encouraged landowners to give land for charitable purposes (eg schooling).
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Development – above and below

The shortage of development sites, and increased rates of SDLT, are part of the reason why there are many more applications to dig down (ie to create a new basement) or go up (ie create an additional floor on top).
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‘Endeavours’ – meaning?

It is not uncommon for a contract to require a party to engage in ‘best endeavours’, ‘reasonable endeavours’, or ‘all reasonable endeavours’.
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Right of way – abandonment?

It is difficult to argue that a right of way has been abandoned.
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Page 1 of 62

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IHT – personal representatives’ liability
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PRs are personally liable for paying IHT on an estate, even where the beneficiaries undertake to pay it themselves but do not do so, the court has confirmed. Read more...
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Rent reviews – which index?
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Rent under a lease may well be indexed – in which case, it is likely to be by reference to the retail price index (RPI). Read more...
Japanese knotweed – the cases
Thursday, 14 June 2018
Japanese knotweed is virtually irremovable; only the strongest chemicals will work against it, and simply digging out the roots is not sufficient. Read more...
Financial orders – future earning capacity
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H’s future earning capacity was not a matrimonial asset for the purposes of a financial settlement, the Court of Appeal has ruled. Read more...
Notice – start date?
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Suppose an employee is sent a letter of dismissal by post. The letter is delivered, but the employee is on holiday and says she did not read it until a later date. Read more...
Sentencing – hospital orders; hybrid orders
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In this article, the author (who represented the appellant) considers the making of hospital orders in criminal proceedings, and the use of hybrid orders, following a Court of Appeal ruling. Read more...

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