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29 October 2009 / James Naylor
Issue: 7391 / Categories: Features , Property
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Future proof

While seeing into the future is not yet expected of property lawyers, advising as to future risk is, says James Naylor

In Stoll, Darren Atkins, Brambleridge Management Limited v Wacks Caller (a firm) [2009] EWHC 2299 (Ch) Cs instructed D, a now defunct firm of Manchester solicitors, to purchase development property, for the sum of £400,000.

The purchase contract was conditional upon Cs obtaining planning permission for the conversion of the property into two flats, with a further dwelling at the rear.

Completion was due to take place on the 21st day following the date of planning permission; save that if the planning application was refused, or if the sale and purchase was not completed within six months of exchange, the sale agreement was to lapse.

Contracts were exchanged following the grant of planning permission by Bury Metropolitan Borough Council (the council) on 30 July 2003, and completion took place on 19 August 2003.

However, the proposed development never proceeded because, post-completion, on 9 September 2003, out-of-the-blue, Cs new neighbours applied for judicial review of

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

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Commercial property partner joins Clarke Willmott in Southampton

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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