Welcome to your weekly round-up of the pick of the content published on EG Legal over the past seven days.
This week, you will have hopefully noticed a few differences on the EG website – a new logo, a cleaner look, and Legal taking its rightful place in the top navigation bar for ease of access. If the new site isn’t showing up on your internet browser, you may need to clear your cache*.
This development follows earlier adjustments to the secondary navigation bar to help you find just the content you are looking for. The improvements won’t end there – look for a better search facility in the near future, and we are constantly looking at ways to make your use of our site more productive.
And, of course, all that comes with the usual raft of new content, including, this week, the winner and runner-up in the Property Litigation Association’s revamped 2021 essay prize. In addition, we take a look at the implications of Duval after a year, have news on two major decisions in retail insolvency and much more.
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Legal news
Landlords lose challenge to Virgin Active’s restructuring plan
Judge rejects court challenge to New Look CVA
Court of Appeal rules in disputed building work case
Real estate lawyers are hot property, says labour market data
Legal features
The fallout from Duval: 12 months on
All eyes were on the Supreme Court when it gave its decision in Duval. But one year later, Lisa Bevan asks: how significant has it been?
Don’t hang up on the Telecoms Code
Lucie Barnes puts the case for reform of the Code in the winning entry in the Property Litigation Association’s Alan Langleben Memorial Blog Competition 2021
Stopping the CVA wrecking ball
In the runner-up entry in the PLA competition, Adam Osieke argues that the Insolvency Act 1986 is racing up the list of property legislation in need of reform
Legal note: Shouldering the burden of pandemic rents
Allyson Colby offers her analysis of the first major decisions on rent arrears arising due to Covid
Viability assessment practice: squaring the circularity?
David Wood runs the rule over a new RICS guidance note on viability assessments in planning
Future best practice in valuation
Stephen Scott and Rebecca Hilditch share lessons for valuers from a major High Court ruling involving a high-profile development site
Council meetings: back to the future?
Kathryn Hampton and Claire Dutch take a look at the recent battle over the expiry of the right to hold online council meetings
The Telecoms Code three years on
Lucie Barnes on how the Telecoms Code could achieve its connectivity targets without eroding property rights
Back to basics: Lease renewals and redevelopment
Andrew Rogers details how opposing the grant of a new lease on redevelopment grounds is more complex following Franses
Practice points
Service charges: Dispensation and the prejudice suffered
Aster Communities v Chapman and others
A root and branch attack on the use of CVAs fails
Lazari Properties 2 Ltd v New Look Retailers Ltd
Victims of fraudulent misrepresentation can be compensated for bad bargain
Glossop Cartons and Print Ltd v Contact (Print and Packaging) Ltd
Arguments about the acquisition of easements should be dealt with at trial
Thurloe Lodge Ltd v Amberwood Drive Ltd
Case summaries
M&M Builders (Norfolk) Ltd v Commissioners of HM Revenue and Customs
Taxation – Stamp duty land tax
Glossop Cartons and Print Ltd and ors v Contact (Print & Packaging) Ltd and ors
Damages – Fraudulent misrepresentation – Loss
Aster Communities v Chapman and others
Landlord and tenant – Service charges – Failure to consult
Secretary of State for Transport v Curzon Park Ltd and others
Land – Compulsory purchase – Compensation
Law report
Morley (trading as Morley Estates) v Royal Bank of Scotland plc
Mortgagee – Breach of duty – Economic duress
For more legal articles and to search our extensive archive, visit EG Legal
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