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Recent Land Law Cases
24 November 2020
1 min read

Recent Land Law Cases

The Purchase of Property commentary has been updated to include two new cases of note. Alexander Devine Children's Cancer Trust v Housing Solutions Ltd [2020] UKSC 45 is an interesting case on the pitfalls of asking for forgiveness rather than permission. A developer built thirteen affordable houses on a piece of land which was encumbered by a restrictive covenant preventing the construction work. While the public interest benefit of the houses was clear, so was the conduct of the developer in proceeding without covenant consent. Planning permission had been obtained, but of course this is no guarantee of lawfulness. The developers lost their application under s 84 of the Law of Property Act 1925 to have the covenant disapplied, proving that restrictive covenants should be ignored at a purchaser’s peril. Fiander & Anor v Revenue & Customs [2020] UKFTT 190 (TC) is a heartening case for practitioners who are worried about multiple dwellings relief being incorrectly applied to stamp duty land tax. Claims handlers are actively approaching home-owners with offers of running negligence claims against conveyancers who may have failed to apply this relief on their client’s behalf when properties may qualify. This case makes it clear that establishing a ‘separate dwelling’ is not as easy as some clients may believe.
Conveyancing and Property News and Updates
Debt Statement
17 November 2020
1 min read

Debt Statement

To assist practitioners working in Debt Recovery – Acting for the claimant, we have published a Debt statement which brings together details of the debt, interest and costs, as well as the payments that have been made towards it. This will be especially useful where payment plans have been agreed with debtors and is designed to work alongside the Invoice, Debt details and Payment tables within LEAP. 1. Insert the debt details in an Invoice table – add another invoice by right clicking on the existing one to record more than one debt amount if required. 2. Insert interest and costs details in the top half of the Debt details table. 3. Insert payment details into a Payments table each time a payment is received – add another payment by right clicking on the existing one. 4. Provided the above information has been entered into LEAP, the Debt statement will be complete. If the information is incorrect, amend the LEAP tables and use the update button in the LEAP ribbon tab to update the document. This document can be produced as many times as necessary to provide successive statements. An accompanying Letter to debtor enclosing debt statement has also been published. Adding these new precedents is part of By Lawyers continuing commitment to enhancing our content and helping our subscribers enjoy practice more.
Litigation and Disputes News and Updates
Blank Deeds, Agreements, Statements, Declarations, Consents And Execution Clause
02 November 2020
1 min read

Blank Deeds, Agreements, Statements, Declarations, Consents And Execution Clause

As users will be aware, this folder of vital precedents is present in every guide and always located in the ‘Getting the matter underway’ folder. There has now been a full review of the accompanying commentary, with guidance added around privity, ‘force majeure’ clauses and electronic execution. The precedent documents have been reviewed and updated to ensure that each one is uniformly formatted and easy to read, use, amend and customise to a particular client and situation. A new standard clause excluding the rights of third parties has been included in the Standard clauses for deeds and agreements folder and a standard statutory declaration of solvency is now available in the Statements and declarations folder of the matter plan. General precedents for an affidavit and exhibits prepared outside court proceedings are also now included in this folder, as well as gathering together the general civil and family matter witness statement precedents that are already included in other publications. New deeds for change of name have been added in a folder of their own, Change of name, with subfolders to assist in the event that adults or minors wish to enrol their change of name deeds at the Supreme Court. The full list of new precedents is therefore: Third parties clause; Affidavit – General; Exhibit sheet for affidavits – General; Witness statement – Family matters; Exhibit sheet to witness statement – Family matters; Witness statement – Civil matters; Exhibit sheet to witness statement – Civil matters; Statutory declaration of solvency; Change of name deed for an adult – Concise; Change of name deed for a minor – Concise; Change of name deed for an adult - For enrolment; Statutory declaration – Enrolment of adult change of name deed; Notice for the London Gazette on the change of name of an adult; Consent to enrolment of change of name of an adult; Change of name deed for a minor – For enrolment; Statutory declaration – Enrolment of minor change of name deed; Affidavit of best interest for the change of name of a minor; Consent to enrolment of change of name of a minor. We invite you to explore this updated publication. Comments and feedback are always welcomed.
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