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This week's edition of Property Disputes weekly highlights includes: Supreme Court decisions on the Building Safety Act 2022 and on undue influence, clarification from the Ministry of Housing, Communities and Local Government on roof gardens when assessing if a building is higher-risk, High Court decisions on a rates mitigation scheme and the validity of a contract, and a Court of Appeal decision in which it was held that section 234 of the Insolvency Act 1986 is inapplicable for repossession when property receivers have already been appointed.
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Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an
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