Legal wrap: Cladding, blockchain and the Economic Crime Act

Welcome to your weekly round-up of the pick of the content published on EG Legal over the past seven days. This week, our experts look at how the government has responded to Russia’s invasion of Ukraine by fast-tracking the Economic Crime (Transparency and Enforcement) Act 2022 through parliament, and explain how it makes provision for sanctions, unexplained wealth orders and the creation of a new register detailing the beneficial ownership of overseas entities. That’s not the only fundamental change in the law to be aware of – we also have the details on how the government’s “consolidated advice note” on the combustibility assessment of cladding has been replaced with important new guidance, with major implications for developers and landlords. Meanwhile, blockchain technology underpins a wider transformation of real estate, and we have just the author to gaze into this digital future. All that, plus leasehold investment, fly-tipping, flexible tenancies and more is just a click away. Legal news Mishcon sued by development company over Bayswater project Aurium Real Estate alleges the firm gave negligent legal advice Devon stables loses restrictive covenant battle over riding arena “Unusual situation” as planned development doesn’t involve erection of a building Legal features What the Economic Crime Act means for ownership Annabel Dean and Hannah Ouseley examine the fast-tracked legislation surrounding beneficial ownership of overseas entities Cladding: a more proportionate approach Dev Desai explains the significance of revised guidance on cladding remediation for developers and landlords Blockchain: taking the digital plunge David Webster takes a look at the increasing use of blockchain in real estate – and its potential issues What to look out for when buying a leasehold James Gostling rounds up points to keep in mind when considering a leasehold rather than freehold investment Disclaimer, restoration and a gap in the law Mark Warwick QC, Rudi Ramdarshan and Jonathan Chan explore common law disclaimers of leases Dejunking the myths around fly-tipping Jill Crawford considers the legislation for dealing with fly-tipping Legal note: Terminating flexible tenancies within the fixed term The Supreme Court was asked to determine how a landlord could lawfully terminate a flexible tenancy – Elizabeth Dwomoh shares the details Practice points Business leases: responsibility for energy efficiency obligations Clipper Logistics plc v Scottish Equitable plc Views and tranquillity are practical benefits of substantial value Collins and another v Howell and another Is a redundant office occupied by property guardians an HMO? Global 100 Ltd v Jimenez and others Property claims: consequences of failure to fully plead or argue claim at trial Bhat v Patel Right of way: acquiescence is not sufficient to defeat a prescriptive right Savill v Elkesley Parish Council and others Case summaries Bhat and another v Patel Practice and procedure – Strike out – Pleading Savill and another v Elkesley Parish Council and others Land – Right of way – Prescription Stampfer v Avon Ground Rents Ltd Landlord and tenant – Ground rent – Collection Collins and another v Howell and another Restrictive covenant – Discharge or modification   For more legal articles and to search our extensive archive, visit EG Legal    To send feedback, e-mail jess.harrold@eg.co.uk or tweet @EGPropertyNews