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Legal wrap: CVAs, invasion of privacy and the Insurance Distribution Directive

Welcome to the final round-up of the year of the pick of content published on EG Legal over the past seven days.

This time, we have a survey of the landscape for corporate restructurings after a major year for company voluntary arrangements, and an important reminder on compliance with the Insurance Distribution Directive. Other topics covered include invasion of privacy, VAT treatment of break payments and more.

While Legal wrap will return in the new year, we aren’t quite done for 2021 yet – keep an eye on the EG website in the coming days for our Top 10 Cases of the Year podcast, a written annual review and other content.

Legal news

Architects ‘potentially liable’ for Leeds cinema fire damage
The blaze caused more than £6m of damage to the city’s Majestic Cinema

£8m battle over Portsmouth towers cladding goes to Court of Appeal
Hyde Group is suing Mulalley for the cost of replacing all the cladding at Gosport Towers

Legal features

Is the age of the CVA over?
Katherine Campbell considers what lies ahead for the commercial property rent crisis

What you need to know about the Insurance Distribution Directive
Elizabeth Thomson shares practical examples of how to approach the insurance distribution regime

Totting up HMRC’s position on VAT and break payments
HMRC’s u-turn leaves the VAT treatment of break payments uncertain, write Julia Cockroft, Dhara Mulumudi and Fiona Moignard

An invasion of privacy? What landowners need to know about video technology
Pauline Lam and Michael Stacey offer a guide for landowners following a recent county court decision on video technology and privacy

Ignore the lease at your peril
Paul Henson considers the implications of a professional negligence claim brought by a developer against its solicitors

Legal Note: Property ownership – a matter of trusts
Louise Clark analyses a complicated dispute over establishment of a resulting or common intention constructive trust

Practice points

HMO: the focus of the defence should be to the offence committed – underscored
Palmview Estates Ltd v Thurrock Council

Business rates: completion notice with a date which precedes service is invalid
Hermes Property Unit Trust v Richie Roberts and Trafford Council

Negligence: liability for property damage – acts or omissions?
Rushbond plc v The JS Design Partnership LLP

Easement claim given safe passage through court
Browning and another v Jack and another

Telecoms Code: para 17 a floor not a ceiling for upgrading and sharing rights
On Tower UK Ltd v JH & FW Green Ltd

Case summaries

Termhouse (Clarendon Court) Management Ltd v Al-Balhaa
Landlord and tenant – Service charges – Determination

Awan v Awan and another
Land registration – Fraud – Evidence – Respondents applying to register transfers

Palmview Estates Ltd v Thurrock Council
Housing – House in multiple occupation – Reasonable excuse – Appellant owning HMO

Williams v Nilsson and another
Trusts – Common intention – Evidence

On Tower UK Ltd v JH & FW Green Ltd
Telecommunications – Electronic Communications Code – Code rights

 

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

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