The CA has heard an interesting case in relation to the modification of covenants under s84 LPA 1925. The CA summarised the issues thus: ‘1. The central issue in this appeal is whether restrictive covenants in a lease provide the lessor, which is also the planning authority, with practical benefits of substantial value or advantage …
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The SRA has taken the unusual step of publishing a statement as to why it did not take enforcement action against a firm that received a complaint involving concerns regarding solicitors becoming involved in abusive litigation aimed at silencing legitimate criticism – known as SLAPPs (strategic litigation against public participation). Firms should note the wider …
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Most practitioners will not be advising their developer and builder clients on the details of VAT. However, practitioners should be aware of the principles of VAT and how they might impact on their client’s transactions to ensure that the client can be referred to an accountant or other professional. HMRC has issued guidance on the …
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The SC has heard a case regarding the right of a trade union to sue as a third party. The case summary is as follows: ‘Background to the Appeal The issue in this appeal is in what circumstances does a trade union have the right to sue as a third party for breach of a …
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The EAT has heard an interesting case involving the use of offensive language by an employee on a workplace communication forum (in this case, Slack). The two limbs to the amended grounds of appeal are that the ET: Should have considered whether the use of the language itself arose directly from the claimant’s disability. The …
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The LSAG advisory note is required reading for all practitioners to whom the AML regime is relevant; note that it includes some very useful guidance on alternatives to face to face documentary verification. It states that: ‘Such methods may include (but are not limited to): Digital ID&V services that meet the requirements of the MLRs …
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The ICO has fined a firm £60,000 following a cyber-attack. What is interesting is that the firm in question specialises in law relating to crime, military, family fraud, sexual offences, and actions against the police. The ICO found that the firm had failed to put appropriate measures in place to ensure the security of personal …
The CA has heard an appeal concerned with whether a boundary agreement binds successors in title and whether, if it is capable of doing so, it only binds them if they have knowledge of the agreement. The case involved a dispute regarding a boundary agreement between two properties, Willow Cottage and The Old Stores. In …
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A Hadkinson order prevents a party from continuing in litigation until they have complied with its terms. Unlike an unless order, no application for relief from sanctions would have to be made upon satisfaction of an LSPO. In this case, a financial remedies ruling in November 2023 turned out to be just another step in …
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PG19 (Notices, restrictions and protection of third-party interests) is a very important practice guide for property practitioners. The anti-fraud restriction (Form LL) is also important. HMLR has updated sections 3.1.5.8 and 3.7.2 of PG19 to clarify HMLR’s requirements for compliance with, or removal of, a Form LL or company counter-fraud restriction by an insolvency practitioner, …
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