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In this issue Transferring property Leasing property Easements, rights and covenants Property management Key developments and horizon scanning Additional property updates this week Daily and weekly news alerts New and updated content Trackers New Q&As Transferring property Supreme Court decision on the qualifying period for adverse possession In a leapfrog appeal from the Upper Tribunal (Lands Chamber), the Supreme Court has read paragraph 5(4)(c) of Schedule 6 to the Land Registration Act 2002 (LRA 2002) as requiring an applicant seeking registration by adverse possession to prove only that, during some single continuous ten‑year stretch before the application date, they reasonably believed the land was theirs. The Court of Appeal’s stance in Zarb v Parry adopted a different, unworkable construction by insisting the reasonable belief must run up to the very day the application was lodged. For detailed commentary, see the News Analysis by Tiffany Scott KC, barrister at Wilberforce Chambers: Supreme Court decision...
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Schedule of amendments A compiled list of changes to a standard form contract in which the parties record their agreed departures from the issued terms. Accordingly, it should be read alongside the underlying standard form. The parties should ensure any negotiated and agreed schedule of amendments is duly incorporated into the contract. Within NEC3/NEC4 suites, such alterations to the standard form are known as Z clauses. Refer to Practice Notes: Construction contract documents and Selection of standard form construction contracts, and to our relevant Precedent schedules under the Precedents tab in subtopics: JCT contracts 2024—overview, JCT contracts 2016, JCT contracts 2011, NEC contracts and Other standard form construction contracts. Schedule of rates/prices A schedule used in tendering when precise quantities are not established, or within a lump sum arrangement for pricing variations (often termed a Bill of Quantities). The tenderer...
Example delay schedule No. Scott Schedules are frequently invaluable and widely used in construction disputes. They serve to pinpoint the central issues between the parties and to present, in a single document for the judge, a concise outline of the opposing cases on an item‑by‑item basis. The call for a Scott Schedule in construction matters arises because such disagreements are often factually intricate and wide‑ranging. Shuttling back and forth between the parties’ competing (and often very lengthy) statements of case to compare what each says about a specific item can be both confusing and time‑consuming. A Scott Schedule is intended to provide a single source that sets out the rival positions clearly and accessibly. Scott Schedules are commonly used to contrast the parties’ respective stances in: defects cases final account/valuation disputes delay claims Scott Schedules take their name from one of the early Official Referees who sat in what is now the Technology and Construction Court (TCC)...
Private Client England & Wales glossary A Abatement When, after settling the deceased’s funeral costs, debts and liabilities, the remaining estate cannot satisfy all legacies in full, the gifts are reduced accordingly, unless the Will shows a different intention. In a solvent estate, the order for reduction appears in Part II of Schedule 1 to the Administration of Estates Act 1925. Refer to Practice Note: Payment of legacies. Accruals basis Where income is taxed on an accruals basis, it is attributed to a given tax year by reference to the number of days within that year during which the activity giving rise to the liability accrued. See Practice Note: What is the basis of income tax?. Accumulation and maintenance (A&M) trust A form of non‑interest in possession trust designed to benefit children and young people up to 25, which received favourable inheritance tax treatment between 1975 and 2006. See Practice Note: Accumulation and maintenance trusts—IHT [Archived]. Accredited Legal Representative (ALR) ...
Variations can also push back the completion date, and may give the Claimant a right to extra time and to prolongation costs. These elements of a variation claim are commonly pursued separately, as an extension of time claim and a prolongation costs claim. By way of illustration, the principal JCT forms provide distinct procedures: one for pricing the changed work, and another for evaluating loss and expense arising from the variation’s effect on the progress of the works (see Practice Note: JCT contracts—variations — Valuing variations under JCT contracts). Accordingly, Claimants should take care not to ‘double dip’ across the separate elements of the claims. No. Description of Variation Claimant’s case Defendant’s response Judge/Tribunal comments The Claimant intended to adopt slab foundations for block A, as depicted on the Claimant’s drawing reference XX dated XX. By email dated XX, the Defendant directed the use of piled foundations for block A...
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