CPI Update - Issue 76 - February 2010

The February 2010 issue of the CPI Update contains:

Case law commentary on:

• Insolvency: is rent as an administration expense? Goldacre (Offices) Ltd v Nortel Networks UK Ltd (in adm.);
• Using arbitration proceedings for a refused licence to assign - Lidl GMBH v Just Fitness Ltd;
• Holding contracts for sale void for uncertainty - Westvilla Properties Ltd v Dow Properties Ltd;
• Fraud and rectification at the Land Registry - Ijacic v Game Developments Ltd;
• Positive covenants – the principle of mutual benefit and burden - Davies v Jones;
• Annexation of the benefit of restrictive covenants – Southwark RC Diocesan Corp. v South London Church Fund; Seymour Road (Southampton) Ltd v Williams;
• The extent of a right of way - Davill v Pull;
• Section 423 Insolvency Act 1986 – transactions at an undervalue defrauding creditors Delaney v Chen.

Legislative developments in relation to:
Draft CRC regulations.
Information from DEFRA on town and village greens.
Ministry of Justice consultation on mortgages and the power of sale for residential property.
The commencement of the Perpetuities and Accumulations Act 2009.

Practical comment on:
Leasehold enfranchisement – when is a house not a house?
The importance of maintaining an address for service at the Land Registry.
The Land Registry campaign to protect property against fraud.
SRA Code of conduct – consultation on conflicts and confidentiality.
The DECC CRC user guide.

Published 31st January 2010.