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Children Act – environmental factors

February 2024 | Family

The environment is an issue we can no longer avoid in the ‘real world’, but we don’t commonly come across it in the context of family and children law. In this article, the author considers whether environmental factors could be a relevant consideration for the purposes of the Children Act 1989. Acland Bryant concludes that …

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Procedure – case management; private proceedings

February 2024 | Family

Practitioners will welcome guidance from Lieven J on appropriate case management practices in private law disputes. M had applied for various orders, including an order that a s91(14) order be made. F was unrepresented and in prison. The facts of the case led Lieven J to set out important lessons on appropriate case management in …

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Option to purchase – deposit

February 2024 | Land

The HC has heard a case involving the payment of a deposit on the exercise of an option. The facts were thus: ‘2. The claimant is the tenant under three separate leases of commercial premises at Bilsthorpe, Canvey Island, and Billingham, each for terms of ten years from and including 14 June 2013. The first …

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Consultation – land ownership and trusts

February 2024 | Land

We do not usually give details of government consultations, but one announced by the DLUHC is of great significance to property practitioners, so it is worth a mention. The consultation is entitled ‘Transparency of land ownership involving trusts consultation’ and seeks views on improving transparency of land ownership involving trusts. It seeks specific views on …

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Parking easement – becomes legal

February 2024 | Land

The CA has heard a case which will be of interest to property and land lawyers. The facts are thus: ‘1. This appeal is concerned with the proper interpretation of a reservation of rights clause in a head lease. The underlying dispute is about car parking. 2. The Appellants are the owners of long leases …

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Renting – Wales

February 2024 | Landlord and tenant – residential

Despite the date of the Act, the Renting Homes (Wales) Act 2016 did not come into force until 1 December 2022. The Act is the biggest change to housing law in Wales for decades and changed the way all landlords in Wales rent their properties, improving how we rent, manage, and live in rented homes …

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Witnessing death – SC decision

February 2024 | Personal injury

The SC has given what is described as a ‘landmark’ judgment and the SC press summary is as follows: ‘Background to the Appeals The claimants in these three cases are each claiming compensation in the tort of negligence for psychiatric illness caused by the experience of witnessing the death of a close family member in …

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LeO – postal address change

February 2024 | Professional

A seemingly small change, but one for which firms may get a rap on the knuckles if it goes unnoticed. LeO has replaced its current address. From 22 January 2024 all written correspondence should be sent to: Legal Ombudsman, PO Box 6167, Slough SL1 0EH A redirection for all mail being sent to the Legal …

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Cy-près – charitable trust

February 2024 | Professional

The CA has heard a case involving the application of the charitable doctrine of cy-près. This applies to lifetime gifts and those made by will and allows the wishes of the donor who gifts to charity to be carried out, even if the original purpose of the gift has failed. The new charitable purpose should …

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SDLT – MDR

February 2024 | Tax

This appeal concerned the availability of MDR for SDLT purposes on the purchase of a house and self-contained garage with rooms above. The appeal was principally concerned with the extent of the facilities required for the preparation of food in order for a building to be a dwelling and, alternatively, whether it was in the …