CPI Update - Issue 62 - November 2008

The November edition of the Commercial Property Information Update contains:

Case law commentary on:

• The House of Lords decision in Scottish & Newcastle plc v Raguz, relating to default notices and section 17 LTCA 1995
• Risegold Ltd v Escala Ltd – the extent of an easement
• Chinnock v Hocaoglu - tendering the correct amount to complete
• Hutchison v B&DF Ltd – formalities for entering agreements for lease
• Horsham Properties Group Ltd v Clark – mortgagees’ powers of sale
• Fender v National Westminster Bank plc – annulling a deed of release for mistake
• Hodsoll v Hanbury – a surety’s principal or secondary liability?

Legislative developments in relation to:
The Land Registry – The Land Registration (Amendment) Rules 2008
Energy performance – further new guidance issued by the DCLG
VAT – more issues for house builders who choose to let
Limited partnerships – consultation on legislation changes to the 1907 Act
Common Auction Conditions – consultation on a 3rd Edition
Planning – model planning conditions
Powers of attorney – changes to lasting powers?

Practical comment on:
The important new Land Registry ID procedures for unrepresented parties
The Law Society’s guidance on undertakings in the current banking crisis
SDLT – an end to bar-coded returns
CPSEs – minor changes to enquiries before contract

and a consideration of issues arising where a solicitor is signing a contract on behalf of a client; and where easements are required to be re-granted as part of a 1954 Act renewal.

Published 1st November 2008.