CPI Update - Issue 70 - July/August 2009

The July/August 2009 issue of the CPI Update is attached below. This issue contains:

Case law commentary on:

• Charging VAT on service charges – the ECJ opinion in RLRE Tellmer Property;
• Correctly drafting a break notice - The Prudential Assurance Company Ltd v Exel UK Ltd;
• Restrictive covenants and the annexation of benefits - Norwich City CofF&HE v McQuillin and Downs;
• Restrictive covenants and the creation of a building scheme - Clarke v Murphy;
• Trespass by drilling bore holes at depth - Star Energy UK Onshore Ltd v Bocardo SA.

Legislative developments in relation to:
The Carbon Reduction Commitment – the BPF Guide for landlords and tenants;
The Carbon Reduction Commitment – drafting issues arising out of the Guide;
Insolvency – reforming CVAs to provide a moratorium for larger companies;
Planning – greater flexibility for planning permissions;
VAT – occupation and the Newnham case;
Mortgage rescue – regulating the sale and rent-back sector;
VAT – options to tax – revoking options after 20 years.

Practical comment on:
Dispositions of land by charities;
Land Registry – a reminder of the new Fee Order in force from 6 July;
HIPs – amended procedural guidance;
SDLT – penalty notice defects;
Contracts for sale – analysing Mercury Tax and concluding that modern practice does not fit with the concept of exchanging contracts;
Land Registry – an “early completion” update;
Certificates of Title – supporting documents updated.

Published 1st July 2009.