Promises are often made and later broken. Often there is very little anyone can do about this. However, in certain circumstances, and specifically in relation to land or property, it may be possible to bring a claim to enforce a broken promise, known as a "proprietary estoppel" claim. As established by the case of Thorner v Major [2009], in order to bring a successful proprietary estoppel claim a claimant must be able to establish three main elements, as follows:
Michael Armstrong, Senior Associate in our Private Client team, has written an article for Charles Stanley’s series on inherited wealth. The article, reproduced below, explores how the increasingly free flows of data and people across the globe will affect the transfer of wealth to the next generation.
I have been asked on a few occasions in recent years, 'should we put trusts on a blockchain?' My answer is invariably "no", as there is friction between the discretionary, flexible world of trusts and the fixed, certain world of blockchain-based smart contracts. Life assurance on a blockchain? Possibly. But trusts? That's a tricky one.
HMRC have aggressively pursued individuals who they believe are avoiding income tax and national insurance by undertaking work via their personal service company rather than a contract of employment.
On Wednesday 27 March, associates and senior associates from across Forsters’ real estate teams hosted the first Future Leaders in Property (“FLIP”) event of 2019.
Having a keen interest in the food and drink sector (from both a personal and professional perspective!), on Tuesday 5 March, I attended the LPF seminar on “Foodhalls – The New Growth Market”. The evening, which was hosted by Cushman & Wakefield, opened with a presentation outlining the current market, the components of a successful foodhall and the different models in use.
The key takeaways from the presentation included:
Shortly after Mr Justice Mostyn rejected an application to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 outside the statutory six month time-limit, the Court last week allowed a claim to be brought under the Act some 25 years and nine months after the deadline for doing so.
On Thursday 28 February, Kathryn Copeland, associate in our Commercial Real Estate team, attended a BPF seminar on the impact of Company Voluntary Arrangements (“CVAs”) on landlords. The panel discussion reflected on practice to date following the rapid increase in CVAs in 2018, as well as the future of CVAs and the BPF's thoughts on reform.
In a Judgment dated 7 March 2019, the Court of Appeal has held that 2 similar schemes designed specifically to avoid the owners of unoccupied properties being liable for business rates are perfectly valid and lawful. Such schemes do not stand to be treated any differently from tax avoidance schemes commonly used to avoid or mitigate any other form of taxation, such as income or corporate or inheritance tax.
On Thursday 7 March, the Home Office released its Statement of Changes setting out proposed changes to the UK Immigration Rules. It contains the long-awaited details of changes to the Tier 1 (Investor) Visa (the "Investor Visa") that were announced in December 2018 (shortly after the Home Office backtracked from its announcement that the visa was about to be suspended). The changes to the Investor Visa will come into effect on 29 March 2019 (conveniently the same day as Brexit – at least for now!).
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