EG 30-05-20

EG 30-05-20

P.35 10 questions on CIL answered. - payment terms, exemptions and reliefs (e.g. social housing), in-use, notices, , s.73 applications, sales,, appeals, etc. CIL needs to be handed carefully by someone experienced in its nuances if expensive mistakes are to be avoided

P.37 Changes to Business Rates in Scotland as a result of Covid. Similar to E&W but this set out the differences in the regime north of the border

P.38 Collateral warranties - Must read article for anyone involved in development or leasing completed buildings with a FRI lease. These are essential as there is no liability in negligence of the designer or architect to an occupier or purchase. Contractual warranties are therefore essential. However there are key terms to check, and they are only as good as the original appointment and the insurance the consultant has. It is vital these are dealt with properly and they are often dealt with badly and are seen as annoying paperwork - until they are needed

P.40 UCL Hospitals vMB [2020] EWHC 882 - Hospital granted a possession order for a hospital room the patient refused to vacate! They wanted her out to make room for Covid cases and she had a wheelchair accessible council flat provided, but she wouldn’t go. Human rights arguments failed against the trespass claim by the hospital and the judge held there was no defence. She had to leave by noon the next day. Bizarre times.\

P.40 What is the ‘curtilage’ of a building? Hampshire CC v SS[2020] EWHC 959 - application to de register common land for new buildings at an airport on the grounds that it was covered by a building or ‘within the curtilage’ of a building when registered. The judge held the meaning of this word depended on the context and statute concerned, not conveyancing practice. In this case, the fact land is used and enjoyed with a building does not make it part of it. The question was whether the land so intimately associated with  the building that it formed part of it? The judge felt that there was a likelihood the application to deregister anything other than the building would have been rejected so the deregistration was quashed.

P.41 Gwynedd CC has ‘decommissioned’ an entire town - Fairbourne, West Wales, on the ground that the sea defences would stop being maintained in 2050! This is the first area where this will occur, creating ‘climate refugees’ - the owners and occupiers of property there. It is likely they will be classiified as environmentally induced economic migrants under the UN rules. It remains to be seen whether any assistance will be given by the state.

P.42 Getting the deal done in lockdown- best practice for completing commercial property transactions in lockdown. Document assembly into PDFs with password security and protection for circulation, (much better than the horrible Microsoft nightmare that is Word) and executions there are three options for exchange - wet ink, emailing it back as a scan, hard copy to office or solicitors home address, electronic with DocuSign, or sign on behalf of client. Delay clauses. Completion - Mercury signatures (now accepted by LR), or attorneys, witnessing issues (socially distanced), virtual signings and more.

P.43 Braganza duties once more following the UK Acorn Finance v Markel [2020] EWHC 922 case mentioned in previous week’s articles. An insurer was subject to Braganza dues in its role as the decision make in relation to an unintentional non-disclosure clause. In other words, decisions by one party where there is an inequality of bargaining power have to be made without taking irrelevant factors and taking into account relevant ones, and was it a decision that no reasonable person would have made, i.e. not irrational, arbitrary or capricious.

P.44 The  no separate business rates on ATMs case - Cardtronics Europe v Sykes (V0) [2020] UKSC 21 - which will result in half a billion pounds of rates refunds by councils to supermarket operators and others, and 50,000 rating appeals will follow this case. Big win for retailers.
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