News & Insights - Boodle Hatfield

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News & Insights

Our team of experts shine a spotlight on new legal developments, share their views on the impact of current affairs, and offer insights on issues that could impact you and your business.

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28 Mar 2017 Rights of light injunctions sent to Coventry?

The recent Supreme Court decision in Coventry v Lawrence is likely to have a significant impact on the appropriate remedy that may be awarded in rights of light cases and may go some way to tipping the balance of power at the negotiating table back in favour of developers.

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07 Aug 2017 Defects and practical completion

Question: 18 months ago I engaged a contractor to carry out a major refurbishment of our property. Practical completion was granted three months ago, subject to a list of defects…

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19 Mar 2018 Commonhold: How it works and its advantages and disadvantages

Part I of the Commonhold & Leasehold Reform Act 2002 (the Act) was finally enacted in September 2004 introducing commonhold as a new form of freehold ownership.

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20 Jan 2017 Artists and Artists’ Legacies: An Introduction to UK Estate Planning

When an artist dies, his or her work forms a tangible and emotional legacy. How should this be managed, by whom and for whose benefit?  This article looks at particular estate planning issues for artists.

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15 Mar 2017 A Man of Property: How Thomas Cromwell became London’s first property developer

“Thomas Cromwell was a man of property.” So says Hilary Mantel, author and passionate advocate of the man in question.

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16 Sep 2017 A long way from Norwich: Jurisdiction in NPOs revisited

As the area of law surrounding Norwich Pharmacal Orders (NPOs) has grown in recent years, applications for an NPO in situations where the respondent resides outside the jurisdiction has come under increasing scrutiny.

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25 Oct 2017 A landlord’s right to develop

Is a tenant’s right to park sufficient to prevent a landlord from redeveloping the common parts?

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18 Oct 2017 Dilapidations Protocol

On the expiry of a lease, a landlord may be able to claim damages from its tenant for losses arising from the tenant’s breach of its repairing covenants in the lease.

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01 Jul 2017 Pitfalls of lease variations

This article considers the scenarios where a variation of a lease amounts to a ”surrender and regrant”, and outlines how the unwanted consequences of this can be avoided.

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24 Nov 2017 The Matrimonial Home – A different class of asset

The matrimonial home is often the most valuable asset owned by a family.

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13 Jan 2017 Why should landlords ensure they comply with the section 20 procedures?

The Commonhold and Leasehold Reform Act 2002 (CLRA 2002) requires that long residential leaseholders must be consulted before a landlord carries out qualifying works or enters into a qualifying long term agreement which they intend to recover through the leaseholders’ service charge.

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03 Feb 2017 The Bribery Act – How does it affect my business?

If you want to wine and dine a potential client, or treat an existing client to lunch to thank them for their custom, you may not realise that you could potentially be caught by the Bribery Act 2010 if the gift is deemed to be excessive and go well beyond reasonable efforts to promote your business.

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05 Sep 2017 Dealing with an application for consent to assign – when is it reasonable to say no?

If a lease is silent or simply states that a tenant may assign, then the tenant can assign without the need for the landlord’s consent.

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19 May 2017 The dangers of not properly documenting tenancy arrangements

This note examines the difficulties that arise where an owner of commercial property allows someone into occupation of the property without documenting the basis on which they are to occupy it.

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15 Jan 2017 The unique position of the family home in divorce cases

The family home is generally the most valuable asset owned by a couple. On divorce, it is considered a unique asset and is given special treatment by the family courts, which take the view that its primary concern is to ensure that each party has a roof over his/her head.

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02 Dec 2017 Co-ownership of property and the enforcement of judgments

This article considers the position of creditors attempting to enforce a judgement debt against a co-owned property.

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16 Nov 2018 Rights for unmarried couples—benefits and pensions

Emily Brand, partner, and Genevieve Smith, an associate at Boodle Hatfield, consider the ‘archaic’ nature of the law, and the Supreme Court’s decision to award an unmarried woman access to bereavement allowance after the death of her partner.

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01 Mar 2021 Divorce: How to protect your assets & your reputation

Divorce is something that few people plan for. Dividing up shared assets and moving them out of tax-efficient vehicles can be costly and reaching a financial settlement can take a long time, sometimes years if both parties are contesting it.

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12 Oct 2017 Joint accounts – Whose money is it?

Joint bank accounts may be a flexible and practical solution for the management of money on a day to day basis.

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19 Jan 2021 Leasehold reform & the future of ownership

There are plenty of aspects of the Government's proposed leasehold reforms which require further detail, and which will demand closer attention. 

However,