Welcome to your weekly round-up of the pick of the content published on EG Legal.
This week, we present the first in our new podcast series, In on the Act. Each episode will offer an expert view on a major piece of legislation, beginning this time with a focus on the Commercial Rent (Coronavirus) Act 2022.
With the net zero deadline around the corner, the environmental impact of the dilapidations process comes under the spotlight, and the government’s new energy strategy is sure to have major implications for real estate. Other topics covered include the conflicting rights of landowners and protesters, residential forfeiture and more.
Legal news
In on the Act: Guy Fetherstonhaugh QC discusses the Commercial Rent (Coronavirus) Act 2022
LISTEN: The first episode of EG’s new podcast series
Bricks & Mortar: Mishcon de Reya’s Joanna Lampert on her career in property litigation
LISTEN: The law firm partner looks back at more than 20 years in the profession
Legal features
Giving dilapidations the green light
As the net zero deadline draws closer, Alison Hardy and Mike McChesney look at ways the dilapidations process could become greener
What the new energy strategy means for commercial real estate
Maria Connolly explains government plans for increased use of technologies to boost UK energy security and independence
View from the bar: Protesting too much?
Guy Fetherstonhaugh QC and Toby Boncey address the balance between the rights of landowners and protesters
Residential forfeiture: abandoning a flat with no forwarding address
Nicola Muir on the dangers of leaseholders moving abroad and failing to comply with their obligations
Is the rural economy ripe for investment?
Charles Cowap asks: what does the APPG report on rural productivity mean for investors in the sector?
Five traps in linked transactions
Bill Chandler highlights five points that frequently surprise buyers, tenants and practitioners
Legal note: Off-plan and out-of-pocket
Louise Clark explains how a failure to protect an off-plan purchase by registration spelled disaster for certain investors
Practice points
Relief from sanctions: the overriding objective is paramount
Park v Hadi and another
Planning permissions: they can be a nuisance
R (on the application of James) v Dover District Council and another
Covenants: irrelevant considerations can be fatal to refusal of consent
Davies-Gilbert v Goacher and another
Attempt to alter rating list to merge contiguous and interconnected hereditaments fails
Stormhill Properties Ltd v Richie Roberts (VO)
Beneficial interests and proprietary remedies
Fattal v Fattal
Winding-up: coronavirus test requires link between a company’s financial position and the pandemic
The Matter of a Company
Case summaries
Davies-Gilbert v Goacher and another
Land – Restrictive covenant – Refusal of consent
Claimants listed in Schedule 1 to Claim Form v Spence and others
Practice and procedure – Freezing order – Cross-undertakings in damages – Fortification
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