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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01 Aug 2017 What a nuisance – are complaints from neighbours during inner city construction anything to worry about?

There is a distinction between the rules enforced by the council, covering such matters as working hours, and the rights of an individual property owner.

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04 Jul 2017 Landlords’ duties when carrying out works

The High Court has recently considered the interrelationship of a landlord’s right to develop and the covenant for quiet enjoyment given to its tenant in the case of Timothy Taylor Ltd v Mayfair House Corporation and another.

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01 Jan 2017 Auction house guarantees: friend or foe?

Auction house and third-party guarantees remain a hot topic in the art market. At the 2015 Autumn sales in New York, Bloomberg reported that $1 billion – approximately half – of the $2 billion total value of lots were already sold before the “paddles are even raised”.

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30 Jun 2017 Succession Planning for a Family Business

The transition of a closely-held or family owned business is an important event for such clients and must be planned for accordingly.

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01 Mar 2017 Giving to charity

In 2011, the government announced two new forms of tax relief to encourage philanthropy.

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04 Sep 2017 Will archaeological remains slow down a renovation and extension project?

We are looking to renovate and extend a hotel that is listed and sits on a historically important site, with suspected archaeology remains.

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12 Jan 2017 Sealed bids

With a lack of housing stock more properties are being sold by way of sealed bids. In most cases a buyer’s bid is to be given in a sealed envelope to the selling agent by a particular time setting out the prospective buyer’s best and final offer.

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06 Feb 2017 Death of a sole director

Where a sole shareholder dies who is also the sole director of a company, two key issues arise for the personal representatives…

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04 Apr 2017 Whether creditors can use the Late Payment of Commercial Debts (Interest) Act 1998 to recover the costs of collecting a debt years after payment

The Late Payment of Commercial Debts (Interest) Act 1998 (the Act) operates to insert an implied term in business to business contracts for the supply of goods and services for interest on a qualifying debt, plus an additional fixed sum.

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09 May 2017 Business Property Relief – When two years is too long

Family business owners will generally be familiar with the requirement that to obtain Business Property Relief (“BPR”), the business property must have been owned for a minimum of two years.

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20 Jun 2017 Setting aside voluntary dispositions: where are we now?

In Pitt v Holt, Futter v Futter [2013] UKSC 26, the Supreme Court significantly curtailed the hitherto wide application of what had become known as the Rule in Hastings-Bass and also set out authoritively the circumstances in which the Court may grant relief (in terms of rescission) for mistake in relation to a non-contractual voluntary disposition.

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20 Jun 2017 Forever occupied with inheritance tax

Three recent cases bring Agricultural Property Relief from Inheritance Tax into the spotlight.

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11 Jan 2017 Incorporation by reference

A document that is referred to in a will may become part of the will and be admitted to probate together with the will.

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27 Jan 2021 Construction Disputes

It has been a difficult start to the year for everyone and the Construction Leadership Council's (CLC) prediction is not all that surprising.

The CLC proffers sound advice on administering contracts in a "fair

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27 Jan 2021 PropTech is simpler than you think

Prop Tech, in its most ambitious form, promises to completely revolutionise the way we use, manage, finance and own real estate. But really what does that mean? How is it different to anything else? Is it just a

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08 Jan 2018 The 2017 Electronic Communications Code and Security of Tenure under Part II of the Landlord and Tenant Act 1954

The new Electronic Communications Code (“New ECC”), which is set out in Schedule 1 to the Digital Economy Act 2017 (“2017 Act”) and provides telecommunications operators with statutory rights in relation to their apparatus, came into force on 28 December 2017.

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07 Oct 2016 What to do if you discover you have bought a forgery

In December it was reported that the Michigan Court of Appeal has allowed a claimant to continue her lawsuit against a gallery relating to fake Salvador Dali prints, by ruling that the gallery’s alleged fraud had delayed the start of the limitation period (which would otherwise have now passed, barring her claim).

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10 Feb 2017 FAQ: Costs in Trust Disputes

Q: There is an assumption that where litigation relating to trusts is concerned, there is less personal cost risk to the parties, as they can ultimately look to the trust funds to pay their legal costs. Is that correct?

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09 Mar 2017 Business not quite as usual

Although open to criticism for producing terms that are arguably too favourable to contractors, the forms of building contract produced by the Joint Contracts Tribunal (JCT) remain the most popular for use on construction projects in this country.

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08 May 2017 Non-party costs orders – A Practical Guide

Under section 51(1) and (3) of the Senior Courts Act 1981, the Court has jurisdiction to award the costs of litigation to a non-party.