For Property Law purposes nuisance is defined as an action (or failure to act) which is not otherwise authorised and which unduly interferes with the claimant’s enjoyment of his land. It has been famously said that whether or not something is a nuisance is a question to be determined not merely by an abstract consideration…

“Is that a multi-storey residential dwelling where your barn used to be?”  Every commercial property lawyer is fascinated by the alchemy performed by land promoters and planning specialists.  The Midas touch of an acceptable planning permission transforms even the muddiest agricultural field into a pile of gold for the owner – or so the legend…

The Reynolds Report – October 2020 Feeling a bit like the bar hostess in the film The Blues Brothers who proudly announces, “We have both kinds of music here, Country and Western…,”  I can confirm that we do both kinds of work in the Property and Commercial Department at Barrett & Co – Property and…

(Thoughts on the judgment in Financial Conduct Authority v Arch Insurance (UK) Limited and others – [2020] EWHC 2448 (Comm)) Several years ago now, before embarking on my personal yellow-brick-road of a career in Commercial Law, I studied Philosophy at a reasonably well-known local university.  The greater part of my teaching programme consisted of a…

“Live as though you will die tomorrow, but farm as though you will live forever.” – John Marsden “…But always remember that you might not.” – Martin Reynolds Readers are (or should be) already familiar with me urging owners and directors of companies to consider creating Lasting Powers of Attorney so that the continued running…

Barrett & Co are pleased to confirm that we have put structures in place to minimise any potential disruption to the provision of legal services to our clients during the Coronavirus outbreak. Our solicitors are able to work remotely from home via our secure network as and when necessary.  We can also conduct meetings by…

The Reynolds Report – December 2019 In a recent decision (Neocleous v Rees [2019] EWHC 2462 (Ch)) HHJ Pearce (sitting in the County Court at Manchester, Business and Property Work) accepted that, in light of modern communication practices, the definition of signature had ‘evolved’ sufficiently for a string of email communications with various automatically generated…

From 6 April 2020 payment of Capital Gains Tax (CGT) liabilities arising from sales of residential properties by UK residents will be payable within 30 days of completion of the sale. So, you had better start speaking to your accountant now…. Whilst promises of additional government spending, be it to fund extra policemen or free…

Farmers Fall Out A recent case in the Court of Appeal (Liddle v Liddle [2019] EWCA) establishes the principle that, under a cross option agreement (an agreement allowing outgoing business owners/partners to require the continuing owners/partners to purchase their share of the business) the continuing owners/partners could not be required to pay the buyout price…

“Rectification” is the process by which documents are changed by the Court to correctly reflect the intentions of the parties at the date on which the agreement set out in the document was reached. The question arose as to whether or not a “Disclosure Letter”  (a letter produced by the seller during the course of…

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