September 2012 Archive

Estate agents should review their standard agency agreements

In October 2011 the Court of Appeal heard the case of The Great Estates Group Limited –v- Michael John Digby. In this case the Court of Appeal had to consider what should be in an estate agency agreement and critically whether the court had the power to declare that the contract signed was unenforceable. The case looks in detail at the Estate Agents’ Act 1979 and the 1991 Regulations made under it.

The right way to preserve rights of way

The cut-off date for all historical rights of way to be recorded is 1 January 2026. Recommendations to ease the administrative burden have been made by way of an independent report and a consultation by Defra. It is generally acknowledged that Britain’s extensive network of public rights of way is an important part of our national heritage. However, the way in which they have been recorded and managed has long been an emotive subject particularly for those over whose land they lie and for those responsible for ‘policing’ them.

Changes to charging orders and orders for sale

Recently, the government has introduced a number of changes to charging orders and orders for sale as part of a number of reforms to the County Court system. The government’s aim is to streamline the process and ensure that creditors can enforce debts by an appropriate means. The changes could make it easier to obtain security over instalment payment arrangements.

Clydesdale Bank comes to rescue of defrauded schools

More banks could follow the lead of Clydesdale Bank by writing off the debt incurred by schools that have been scammed by fraudsters offering ‘free’ computer equipment, according to an expert in our commercial disputes team. BBC’s Panorama recently reported that 169 schools up and down the country had fallen victim to fraud by signing up to leases in return for ‘free’ computer equipment.
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