August 2018 Archive

Buyer-funded developments: is the potential return worth the risk?

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Post the financial crisis of 2008, the buyer-funded development model has become increasingly common. Recent media coverage tells a tale of failed projects, substantial financial loss and allegations of fraud. We explore how these schemes operate and the risks. More …

Holding the PRs to account

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You know that you have been named as a beneficiary under a Will or are entitled under a relative's intestacy. After the initial emotions experienced in learning this news have bedded in, you feel that you have been waiting for ages and ages to find out more. What exactly will you receive and when? More …

Freehold vs leasehold: what's the difference?

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Freehold and leasehold are the two main types of property ownership in the UK. Here we explain how these types of ownership differ and the considerations to note when buying a leasehold property. More …

Successful Inheritance Act claim for perceived "lodger"

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Testamentary freedom, or a person's freedom to dispose of their property upon death as they see fit, is a fundamental principle of English and Welsh law. More …

CJEU: unauthorised re-posting of an image can be infringement

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The Court of Justice of the European Union ("CJEU") handed down its first copyright judgment of 2018 this week. More …

Can you rely on the promise of a lifetime?

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Whilst previously proprietary estoppel cases were fairly rare, in the first half of 2018 seven claims went all the way to a High Court trial with some possibly going on to the Court of Appeal. Proprietary estoppel claims in the context of contentious probate typically involve claimants believing they have been promised an interest in the deceased's property in reliance upon which the claimant has suffered some form of detriment. Many of the 2018 cases revolve around farms. Often parties have invested time working on the farm and promises may have been made as to inheritance. This article looks at one case in particular, Habberfield v Habberfield, to highlight the difficulties claimants can face in relying on proprietary estoppel and the importance of a valid will. More …

Safeguarding and the Protection of Others: What Should Charities Do?

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Safeguarding hit the headlines again last week, as the International Development Committee published a report focusing on exploitation and abuse in the aid sector. In the report, MPs accused charities of "complacency verging on complicity" in relation to these issues, saying that "self-delusion" and a "collective failure of leadership" had prevented charities across the sector from tackling problems before they came to light. More …

The benefits and pitfalls of new build properties

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UK Finance has announced that first time buyers accounted for over 50% of all new residential mortgages in the first quarter of 2018. Recent government led initiatives have resulted in first time buyers becoming a significant proportion of the buyer market, particularly within the new build sector. For those taking their first steps on the property ladder we take a look at the benefits and pitfalls of new build properties and how to minimise the risk. More …

Supreme Court rules on who can decide to withdraw life-sustaining treatment

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A hugely important decision was handed down by the Supreme Court this week, affecting what families can do when a loved one is on life support. It was ruled that families and doctors can agree amongst themselves to end life sustaining care – without having to make a time-consuming and expensive application to Court. More …

An Overview of China's Specialised IP Courts and Tribunals

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China's 2008 National IP Strategy has sought to improve Chinese IP protection and enforcement, as well as to dispel the perception that IP infringement in China tends to go unsanctioned. More …