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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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NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
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