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Equity in Grubby Hands

It has long been established that those that are seeking to rely on an equitable remedy must come to equity with clean hands. The Court of Appeal, however, recently decided that an equitable remedy can be found by disassociating the parties' conduct from an underlying illegal purpose.

12:00, 12th January 2015
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Development in the Law of Permitted Developments

In this year’s Budget speech, Chancellor George Osborne announced that there would be a review of permitted development rights and an introduction of a new system to allow greater freedom to build and alter sites without the need for full planning permission. Would this be an unwelcome development?

12:05, 25th November 2014
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Lauren Riley On The Link App

Apprentice star Lauren Riley discusses her business, The Link App. When Lauren went into family practice, she expected to be put through the mill emotionally, but nothing prepared her for the time spent on admin. Consequently, her app is a 21st Century Solution to solicitor-client communication.

12:15, 22nd November 2014
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Francis v Phillips - A Victory for Common-sense?

The Court of Appeal recently handed down their welcomed judgment in the case of Francis v Phillips. The previous decisions of this litigation episode had caused a significant headache for landlords, leaving them with an unnecessary burden when completing trivial works on their tenants' properties.

12:00, 6th November 2014
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Freehold Covenants: A Radical New Approach Needed

Difficulties arise when determining whether the benefit or burden of a freehold covenants will pass to an assignee. The Law Commission has tried to reform this unnecessarily complex area several times, yet the government has not acted. Ryan Turner presents why reform is necessary in the near future.

12:20, 18th September 2014
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A Redefined Equitable Remedy

If you have placed somebody in a position of responsibility whereby they are to act on your behalf for your benefit, assuming a fiduciary position, should a bribe they receive in breach of their duties be a proprietary interest of yours? According to the UKSC, it should. Equity is marching onwards.

12:00, 8th September 2014
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Hoarding: Possession for Possessions?

Several documentaries have recently highlighted the significant problems thats can be created from having a "hoarding disorder". Amy Ling presents the problems that hoarding creates for landlords when their tenants are subject to this disorder and discusses preventative solutions to these problems.

12:00, 25th June 2014
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Property Guardians - PG Agreements Down to a Tee

Property Guardian agreements provide a solution to preventing empty properties being subject to burglary and squatting. Questions have arisen as to whether a Property Guardian is to be classified as a tenant or a licencee. Thomas Horton analsyes their legal structure to provide an answer.

11:02, 20th June 2014
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Phillips v Francis: The Big Consultation Headache

Amy Ling analyses the procedure used to consult and inform tenants of financial contributions required for maintenance carried out on their properties. The appeal of the High Court's decision in Phillips v Francis to be heard in October 2014 poses huge changes to the procedure previously used.

12:00, 29th May 2014
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Implications of the Immigration Bill for Landlords

If passed, the Immigration Bill will bring in new responsibilities for landlords to take reasonable steps to assure themselves of the immigration status and ‘right to rent’ of prospective residents. Amy Ling expresses her concerns of this additional responsibility being imposed upon landlords.

12:13, 10th May 2014
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When does noise become a nuisance?

The tort of nuisance generally protects the property interests of individuals and had laid largely dormant and settled since the middle of the 20th century. Until January 2014, Courts had taken a restrictive approach, but the Supreme Court has now taken an expansive step in Coventry v Lawrence.

12:01, 25th March 2014
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Insolvency and Unpaid Rent: Closing of a Loophole

The Court of Appeal recently closed a loophole that caused commercial landlords to miss out on payment of rents for their tenants that had gone into administration. Thomas Horton explores the context and reasoning of the decision, and its potential consequent commercial implications.

12:01, 11th March 2014
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Equity in the UKSC Determines just rectification of registration

The UK Supreme Court applied the equitable doctrine of laches to determine that the lapse of time between registering a village green and the objection to that registration was not unjust. The UKSC's decision provides a modern example of property rights being amended by equitable principles.

11:35, 16th February 2014
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Powering through: High Speed Railway 2

The Judicial Review over the legality of HS2 has recently come to a head in the Supreme Court, with the government coming out on top. In light of this go-ahead for HS2, Holly Abel compares the sufficiency of compensation for compulsory purchase here in the UK to that in Australia.

12:29, 11th February 2014
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The Woolcock Case: Prison for Failing to Pay Council Tax?

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