Opinions

Auctioneer counts cost in case of mistaken identity

The message: Auctioneers need to double-check the true ownership of properties they sell

The case: The High Court considered how to properly assess the liability of auctioneers who sell properties without proper authority, in Greenglade Estates v Strettons (12.07.12).

Withers on the vine: gardening advice to be avoided

The message: Solicitors’ advice should not be too forthright

The case: A law firm has been found negligent for not being cautious enough in advising buyers on whether an expensive London house had rights to a communal garden (Herrmann v Withers, 30.05.12).

Taxation of UK Residential Property, Consultation on proposed changes

Xavier Nicholas reviews the proposals for CGT and an annual charge in relation to property held by 'non-natural persons'.

First published in Property Law Journal, 25 June 2012.

Execution by beneficiary: confusing signs

Emily Exton and Katherine Harper provide an update on the Court of Appeal decision in Barrett v Bem.

First published in Trusts and Estates Law & Tax Journal, June 2012.

Avoiding unequivocal election

A recent case has prompted the Privy Council to provide updated guidance on how to apply the principles of election, says Andrew Head.

First published in Solicitors Journal, 6 June 2012.

A cultural shift

Zahra Kanani applauds government attempts to encourage and support charitable giving.

First published in Summer 2012 - Charities Appeal Supplement.

Enfranchisement: more on houses

When is a house reasonable so called? A recent judgment throws some further light on the issue, as Natasha Rees finds out.

First published in Property Law Journal, 28 May 2012.

Make no mistake: expertly drafted leases can’t be rewritten

The message: The court will not readily correct documents drafted by experienced and skilled solicitors.

The case: The Court of Appeal has overturned a judgment that allowed a sublease to be rewritten to give effect to what the judge thought the parties really intended, in Scottish Widows Fund v BGC International (9 May 2012).

Commercial property update

Considers the recovery of rent in a tenant administration, the pitfalls of best endeavours obligations, the National Planning Policy Framework and flood risk and buildings insurance.

First published in Solicitors Journal, 15 May 2012.

The 5th annual step pacific rim conference, Santa Monica, May 4 2012