Conveyancing
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Keston and another v Inland Revenue Commissioners
Stamp duty — Sale and subsale — Property transferred directly to sub-purchaser — Price on sub-purchase payable by instalments over more than 20 years — Whether stamp duty payable on…
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PP 2003/72
Lawyers do not have a good track record when it comes to plans. The Court of Appeal has been required to scrutinise a number of their attempts to illustrate property…
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PP 2003/55
Keep-open clauses. A recent decision from one of Scotland’s leading judges serves to widen the gap between the treatment of keep-open clauses in leases in Scotland and England.
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Druce v Druce
Appellant’s grandfather conveying land to appellant and respondent — Ambiguity over terms of conveyance — Appellant and respondent litigating against appellant’s grandfather — Litigation settled by Tomlin order — Appellant…
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PP 2003/45
A new trade organisation, the Council of Property Search Organisations (CPSO), has been established to serve the property search industry. The industry has undergone a great deal of structural change…
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McMeekin and another v Long and another
Claimants purchasing property from defendants — Defendants in dispute with neighbour — Defendants informing claimants that no such dispute in existence — Claimants alleging fraudulent misrepresentation — Claim allowed
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PP 2003/36
Defective title – patching it up with the aid of insurance. You are keen to buy a property, but a question mark hangs over an old restrictive covenant, or there…
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Hinc and another v Warren Rees & Co (a firm) and another
Professional negligence — Causation — Respondent solicitors failing to ensure title transferred upon sale of property to appellants — Judge holding no loss resulting from respondents’ breach of duty because…
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PP 2002/185
Consultation overload. Even if you lack the time and resources to respond to all of the government consultation papers presently in circulation, it may pay to look at Time to…
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PP 2002/181
It need not be Heartbreak Hotel. Legal issues arising on the purchase of any valuable commercial property can be particularly acute when you are dealing with an hotel.
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PP 2002/151
Diving in, or being dragged in?. A relatively seamless transfer of responsibilities from property professionals to the solicitors appointed by the parties is one of the possible features of the…