Anti-leasehold bill contains loopholes for developers, say campaigners – The Guardian

Posted February 27th, 2024 in bills, leases, news, sale of land by tracey

‘Michael Gove’s signature bill to stop developers selling new houses as leasehold properties contains loopholes that will allow them to continue doing so in certain circumstances, a revelation that has triggered anger among housing campaigners.’

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The Guardian, 27th February 2024

Source: www.theguardian.com

Unrepresented claimant wins appeal against lawyers over house sale – Law Society’s Gazette

Posted July 20th, 2023 in appeals, law centres, legal advice, negligence, news, sale of land, service charges by tracey

‘An unrepresented claimant has won her appeal against lawyers in a negligence case described by the judge as a “stark example” of how attempts to hasten a victory go wrong.

Opening his judgment in Anna Christie v Mary Ward Legal Centre and Anor, The Honourable Mr Justice Turner said: “There is no shortage of civil cases in which well-intentioned attempts to hasten victory have had the very opposite effect. This case is a stark example of what can happen when things go wrong.”‘

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Law Society's Gazette, 19th July 2023

Source: www.lawgazette.co.uk

Council defeats High Court challenge over sale of large plot of land next to football stadium – Local Government Lawyer

Posted July 6th, 2023 in judicial review, local government, news, sale of land by sally

‘West Northamptonshire Council has successfully defended a judicial review challenge brought by an unsuccessful bidder over the local authority’s decision to sell land adjacent to Sixfields Stadium, the home of Northampton Town Football Club.’

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Local Government Lawyer, 5th July 2023

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal issues ruling on acquisition of land subject to compulsory purchase where ownership unknown – Local Government Lawyer

‘Stockport Metropolitan Borough Council has secured an order from the Upper Tribunal (Lands Chamber) that it need not serve a notice to treat when engaged in the compulsory purchase of land from an unknown person, despite the Court Funds Office maintaining that it was.’

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Local Government Lawyer, 8th March 2023

Source: www.localgovernmentlawyer.co.uk

Supreme court rules in favour of halting housebuilding in Shrewsbury park – The Guardian

‘Campaigners have won a supreme court appeal to stop houses being built on a park protected by a 100-year-old statutory trust in Shrewsbury, in a landmark ruling for the protection of green spaces.’

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The Guardian, 1st March 2023

Source: www.theguardian.com

Case Comment: Barton and Ors v Morris and Anor in place of Gwyn Jones (deceased) [2023] UKSC 3 – UKSC Blog

Posted February 14th, 2023 in contracts, estate agents, fees, news, sale of land, Supreme Court by sally

‘In this post, Henry Powell (Associate) and Antoni Hajdon (Of Counsel) in the Real Estate Disputes team at CMS, comment on the case of Barton & Ors v Morris & Anor in place of Gwyn Jones (deceased) [2023] UKSC 3 – handed down on 25 January 2023.’

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UKSC Blog, 13th February 2023

Source: ukscblog.com

New Judgment: Barton and others v Morris and another in place of Gwyn-Jones (deceased) [2023] UKSC 3 – UKSC Blog

Posted January 26th, 2023 in contracts, estate agents, fees, news, sale of land, Supreme Court by sally

‘Foxpace Limited (“Foxpace”), the Fourth Respondent, owned a property known as Nash House in London. This appeal concerns an oral agreement between Foxpace and Mr Barton, the First Respondent, about Nash House. In the High Court it was held that Foxpace agreed to pay Mr Barton £1.2 million if he introduced a purchaser for Nash House who bought it for £6.5 million. The £1.2 million represented deposits and other expenses that Mr Barton had lost on two previous attempts to buy Nash House.’

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UKSC Blog, 25th January 2023

Source: ukscblog.com

Monopolies watchdog orders sale of searches firm – Law Society’s Gazette

Posted August 4th, 2022 in competition, news, sale of land, takeovers by tracey

‘A multinational legal and financial software business has been ordered to sell a British property searches firm in a rare intervention by the monopolies watchdog. The Competition and Markets Authority (CMA) revealed today that an investigation had concluded that last year’s £91.5m acquisition of TM Group by Dye & Durham “substantially lessens competition in the supply of property search services in England and Wales”.’

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Law Society's Gazette, 3rd August 2022

Source: www.lawgazette.co.uk

Litigant in person can sue law centre and barrister for negligence – Legal Futures

‘A litigant in person is not statute-barred from suing a law centre and barrister for professional negligence, a High Court master has ruled.’

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Legal Futures, 5th July 2022

Source: www.legalfutures.co.uk

Supreme Court agrees to hear case where town council sold land subject to statutory trust without complying with statutory requirements – Local Government Lawyer

Posted March 29th, 2022 in appeals, local government, news, planning, sale of land, trusts by sally

‘The Supreme Court has granted permission to appeal in a dispute over what happens when a local authority disposes of land subject to a statutory trust for public recreational purposes without complying with the relevant statutory requirements.’

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Local Government Lawyer, 29th March 2022

Source: www.localgovernmentlawyer.co.uk

Negligence claim brought over negligence claim to proceed – Legal Futures

Posted January 18th, 2022 in appeals, legal advice, negligence, news, sale of land, summary judgments, valuation by tracey

‘A claimant suing his solicitors for negligence in how they pursued a claim for negligence against other solicitors has failed in his application for permission to appeal a ruling that refused summary judgment in his favour.’

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Legal futures, 18th January 2022

Source: www.legalfutures.co.uk

Law firm that held deposits defeats claim over failed property development – Legal Futures

Posted January 11th, 2022 in contracts, deposits, law firms, news, sale of land by tracey

‘Investors who lost money in a failed property development in Liverpool should sue their former solicitors rather than the law firm which held and paid out their deposits, the High Court has ruled.’

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Legal Futures, 11th January 2022

Source: www.legalfutures.co.uk

Council wins Supreme Court appeal over claim of £1.2m from heirs of school benefactor – Local Government Lawyer

‘The Supreme Court has allowed Oxfordshire County Council’s appeal in a case in which a family said the sale of school land worth £1.2m, which was gifted to the council by their late family member, was unlawful.’

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Local Government Lawyer, 23rd April 2021

Source: www.localgovernmentlawyer.co.uk

Fine for solicitor who acted on both sides in “undue influence” house sale – Legal Futures

‘A solicitor who acted for both sides in a house sale at an undervalue, set aside by the High Court on the grounds of undue influence, has been fined by the Solicitors Disciplinary Tribunal (SDT).’

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Legal Futures, 13th April 2021

Source: www.legalfutures.co.uk

Case Preview: Balhousie Holdings Ltd v Commissioners for Her Majesty’s Revenue & Customs (Scotland) – UKSC Blog

Posted February 25th, 2021 in care homes, leases, news, sale of land, Scotland, Supreme Court, VAT by sally

‘In this post, Jacob Gilkes, a member of the tax team at CMS, previews the decision awaited from the UK Supreme Court in the matter of Balhousie Holdings Limited v The Commissioners for Her Majesty’s Revenue & Customs, which concerns whether a sale and leaseback transaction should be regarded for VAT purposes as a disposal by the seller of its “entire interest” in the building.’

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UKSC Blog, 25th February 2021

Source: ukscblog.com

Here’s what the Romans did for us, Court of Appeal explains – Litigation Futures

Posted June 18th, 2020 in animals, fisheries, news, receivers, sale of land by sally

‘The Court of Appeal has gone back to a Roman legal scholar from AD 161 to help determine who owned fish in a lake in Lancashire after it was sold.’

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Litigation Futures, 18th June 2020

Source: www.litigationfutures.com

Should I claim or should I wait? – Falcon Chambers

Posted June 16th, 2020 in coronavirus, enfranchisement, leases, mortgages, news, sale of land by sally

‘Since the property market coronavirus restrictions were lifted on 13 May 2020, there has been a reported rush to buy and sell houses and flats. Where property is leasehold, the sale of the lease is often the trigger which leads to a claim being made for either a new lease or the freehold under the Leasehold Reform Acts. The purchaser will always be concerned to see exactly what term is being acquired. A lessee of a flat wishing to buy a new lease must have owned the lease for two years before serving a notice (s. 39(2)(a) of the Leasehold Reform, Housing and Urban Development Act 1993). The same ownership period applies to a claim to acquire the freehold of a house (s. 1(1)(b) of the Leasehold Reform Act 1967).’

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Falcon Chambers, June 2020

Source: www.falcon-chambers.com

Ezair v. Conn [2020] EWCA (Civ) 687 – Falcon Chambers

Posted June 16th, 2020 in constructive trusts, contracts, news, sale of land by sally

‘In Ezair v. Conn [2020] EWCA (Civ) 687, the Court of Appeal has struck a blow in favour of established doctrine, in a case involving uncompleted contracts for the sale and sub-sale of land.’

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Falcon Chambers, 4th June 2020

Source: www.falcon-chambers.com

To complete or not to complete? Notices to Complete and Specific Performance – Falcon Chambers

Posted June 5th, 2020 in chambers articles, contracts, enforcement, news, sale of land by sally

‘Once the parties to a contract for the sale and purchase of land (or for the grant and acceptance of a lease) become contractually bound, then, other things being equal, neither of them should be able to back out – at least, not without some default of the other party to exploit. Of course, some such contracts are conditional, and the parties do not necessarily become unconditionally bound until some later date, if at all. But when the parties do become unconditionally bound, one or the other of them may ask the question: how can I force the reluctant party to complete? Or, looking at the problem from the other end: when do I have to complete? Can I be forced to complete?’

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Falcon Chambers, May 2020

Source: www.falcon-chambers.com

Sale and Development Agreements: Obligations to Use Endeavours – Falcon Chambers

Posted June 5th, 2020 in chambers articles, contracts, coronavirus, news, sale of land by sally

‘At the time of writing, the UK remains subject to stringent and extensive measures which have been enacted by Parliament in response to the Covid19 pandemic. Although there has been some relaxation since the “lockdown” was first introduced in mid-March 2020, large parts of the economy remain on hold. This has had and will continue, for some time, to have an effect on the ability and desire of parties to contracts for the sale and/or development of land to perform their obligations. It will also affect the extent to which transactions of this sort continue to be entered into and the terms of sale and development agreements may well need to adapt to the changing landscape.’

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Falcon Chambers, May 2020

Source: www.falcon-chambers.com