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30 May 2014 / Alec Samuels
Issue: 7608 / Categories: Features , Property
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The deposit! Don't let this happen to your client

Alec Samuels provides some points of reference for trouble-free conveyancing

In the usual situation the deposit is paid by the purchaser P to the vendor V on the exchange of contracts, and the transaction runs smoothly. Complications may arise where, as a term of the contract, V (or P) has to obtain planning permission or V has to build the flat and make it ready for occupation. When the planning permission will be issued is uncertain until it happens; when the flat will be ready is uncertain until it happens. The deposit was to be paid 60 days after planning permission was obtained. Planning permission was obtained. V then served a five-day notice making time of the essence and requiring payment of the deposit. P did not pay.

The Court of Appeal held that as a matter of law the payment of the deposit is a condition of the contract, a fundamental term. The five-day notice was fair and reasonable, and made time of the essence. Failure by P to

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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