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A streamlined planning appeals process: what are the changes and how will they impact appellants and local planning authorities?

The Ministry of Housing, Communities and Local Government (‘MHLG’) announced that more planning appeals will be subject to a quicker and more simplified procedure under new regulations. The changes will apply to most planning appeals, which are decided via the written representations procedure, and should allow for decisions to be made more quickly.

Leases and electronic signatures

Despite electronic signatures being generally accepted as legally valid, property professionals are still uncertain whether or not they can sign or accept the signature of leases (or similar documents) electronically.

Interpreting a contract: which performance standard applies?

In an industry which uses multi-layered contracts, often written by different people and compiled centrally, consistency is the key. Do the component parts of a contract work together? Do the various documents fit together to form one clear expectation, one performance standard, one deliverable?

Winning the "battle of the forms"

Suppliers and customers would ideally prefer to rely on their own respective standard conditions. But in order to be of any use at all, these have to be incorporated into the contract between seller and buyer.

Who is eligible to succeed to an Agricultural Holdings Act Tenancy?

Close relatives of tenants who occupy an agricultural holding under an Agricultural Holdings Act 1986 (“the 1986 Act”) tenancy, granted before 12 July 1984, enjoy rights of succession on death and on retirement after the tenant has reached the age of 65.

Professional liability of solicitors and scope of client instructions

In order to establish a claim in professional negligence, you need to show that a solicitor owed a duty of care to the client, that the duty was breached and that the breach caused a loss. To demonstrate that crucial first step, duty, you can usually point to the contract (or ‘retainer’) between the solicitor and client.

Can a Deputy or Attorney get paid for providing care to an incapacitated person?

Deputies and Attorneys who manage an incapacitated or a vulnerable person’s (“P”) finances have to be careful about releasing P’s funds to others, including to themselves.

Buying your first farm

Buying any business is a daunting prospect – even if you have plenty of experience under your belt. Buying into a sector where the one of the main variables is out of your control, namely the weather, can be particularly unnerving.

When you say “as soon as possible” what do you mean?

One of the most commonly used phrases in the English language is “as soon as possible”. We all think we know what it means – doesn’t it sit somewhere between “immediately” and “as soon as reasonably practicable”?

If it looks like a lease, walks like a lease and talks like a lease, chances are it’s… a licence?

Ben McCosker considers the constituent requirement that a lease must be for a ‘certain term’, based on recent case-law and the consequences of not ensuring as such.