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Latest blogs and legal updates

Buyer allowed to rescind contract where seller made innocent misrepresentations

The Court of Appeal has held that a buyer was entitled to rescind a contract to purchase a site that had potential for development as a block of flats.   The case was Cleaver and another v Schyde Investments Ltd [2011] EWCA Civ 929. This is a timely reminder for all...

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Cheques to stay “as long as customers need them”

The UK Payments Council has cancelled its target to close the cheque clearing system in 2018 and confirmed that the use of paper cheques will continue for as long as customers need them. The Payments Council said it had reached its decision after consulting with over 600 businesses and customer...

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Agricultural use vs equestrian use under planning law

Understanding the difference between agricultural use and equestrian Local Authority enforcement action against unlawful equestrian use of agricultural land is a threat that should not be taken lightly by landowners. Many agricultural landowners are unaware of the distinction between agricultural use of land and equestrian use of land. ‘Agriculture’ is...

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Hiding farm developments from the planners?

Two interesting cases came to light last year regarding planning law and agricultural buildings:- Welwyn Hatfield Council v. Secretary of State for Communities and Local Government and another [2010] EWCA Civ 26.  The Court of Appeal allowed a landowner’s appeal and held that the landowner was entitled to a certificate of lawfulness of...

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The importance of vacant possession on equestrian property sales

It is vital for buyers and sellers of equestrian properties to have the same understanding of ‘vacant possession’ to ensure one man’s treasure is not another man’s rubbish. A seller is during the normal legal process required to remove all rubbish and give vacant possession of the equestrian property and land.   Equestrian properties are the...

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Fairer care funding – Dilnot recommends cap on care home contributions

The Dilnot Commission yesterday published its review of the funding of care and support in England, and recommends that a national standard of care should be set to deliver consistent and sustainable services to people, regardless of where they live. The report recommends that individuals should make lifetime contributions towards...

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“Reward points? That will do nicely”

The consumer is gradually going to see new providers of legal services entering the market.  The opening of legal centres in WH Smiths, the CO-OP and other outlets will no doubt offer a convenient way for everyday products like lasting powers of attorney and wills to be purchased. Stacey Solomon has...

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Careful choices

The story of the RAF veteran “betrayed” after appointing his financial adviser as his attorney brings home the careful thought you need to give to who you appoint. A financial adviser might appear to be a good choice.  Nevertheless, there can be the potential for a very clear conflict of...

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Getting the Most From Succession Planning – Part 2

Over the years trusts have, with some justification, been criticised usually on the basis of complexity and expense. There is a lot to be said for simplicity and serious consideration should always be given to gifting shares in the business and in the farm to the next generation. Various concerns...

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Boxster the Bull Brought Before Judge

DEFRA Methods Put to the Test I am pleased to say that I was unduly pessimistic as to the chances of success in the case of R (on the application of K and AC Jackson and Son) v DEFRA  and for once the High Court in the person of Mr...

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