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Overage Agreements - pulling the trigger

Andrew Turner
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In the recent case of London and Ilford Limited v Sovereign Property Holdings Limited , the Court of Appeal has left a property developer with a bloody nose and a financial headache.    In the context of a property transaction, the term...

Leasehold Property: Good or Bad?

Jane Witek
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There have been numerous recent reports in the media concerning problems arising from the ownership of leasehold flats and houses. What is a Leasehold Property?   It is a property which is owned by way of a lease and the owner of the lease is known...

Civil Partnerships for all?

Marcus Crawley
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On 27 th June 2018, the Supreme Court handed down Judgment in respect of the appeal of a different sex couple who wish to enter into a Civil Partnership, rather than marry. Civil Partnerships were introduced in 2004 to allow same sex couples to have their...

Morality Clauses - who sets the standards?

Andrew Turner
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The role of morality clauses in contracts has been in the spotlight recently amidst the whirlwind of allegations surrounding the likes of Weinstein, Spurlock, and Spacey. Film distributors and publishing firms have been hastily reviewing their contracts to...

Trump and Kim's Singapore Agreement: Deal or No Deal?

Rosalin Gautam
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Recently the world watched as Donald Trump, President of the United States of America and Kim Jong-Un, leader of North Korea signed a key agreement in Singapore (“ Singapore Agreement ”). This agreement contained provisions for peace and the...

BREAK CLAUSES: A TRAP FOR THE UNWARY TENANT

Neil  Belcher
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  Tenants of commercial Leases must be extremely careful when exercising a break option under their Lease. Quite often the break clause in the Lease is drafted heavily in favour of the landlord and the break clause itself is conditional on certain...

Dangerous cladding - who pays?

Andrew Turner
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Following the Grenfell tragedy last year, there has been panic amongst owners of blocks of flats up and down the country prompted by the realisation that their own blocks may be clad in the same apparently lethal material that appears to have triggered the...

Mortgage Assessments in Matrimonial Financial Cases

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During the course of financial remedy proceedings, it is likely that there will be some change to lifestyle, future plans, housing, etc. The Court is focused on parties being able to suitably re-house with the paramount consideration being to any children...

Unlawful fishing expeditions

Andrew Turner
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Fishing for information from the other side is a common feature of litigation.  Extracting admissions, acknowledgements and evidence from the other side is all part of the tactical scuffling that goes on in legal proceedings. The Court Rules allow you...

Disability discrimination claim against lender dismissed

Andrew Turner
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In the recent case of Green v Southern Pacific Mortgage Limited , the Court of Appeal was asked to consider whether a lender’s failure to agree to change a disabled borrower’s mortgage from a repayment mortgage to an interest-only was...

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