9/17/2023 0 Comments Tcel company![]() As is usual, the 2011 transfer required LCL to obtain a deed of covenant from any future owner of the land that they would make the necessary payments to HBC, and a restriction was placed on LCL’s title to the land meaning it couldn’t be registered in the name of a new owner without HBC’s consent. The sale was conditional on the renewal of an expired planning permission and provided for LCL to make various additional payments by way of overage if triggered by certain events. HBC sold a development site in Widnes to a buyer (LCL) for £220,000. The rule against penalties is applied sparingly, as it is effectively an interference with parties’ freedom of contract, but it is important that penalties are not exorbitant or unconscionable.The test for whether a contractual clause is a penalty is whether it imposes a detriment on the contract breaker out of all proportion to any legitimate interest of the innocent party in the enforcement of the primary contractual obligation.In Planning Points, we consider upwards development under permitted development rights and our Tax Tips cover two cases involving unhappy taxpayers who ended up paying out considerably more Stamp Duty Land Tax than they had planned for.ĬASE LAW UPDATE Contracts – penalty clause: Upton Rocks Healthcare Ltd v Halton Borough Council In the Landlord and Tenant round-up, we look at the grounds on which a landlord can oppose the grant of a renewal lease and to what extent the costs of (very expensive and lengthy) litigation can be recovered from tenants through a service charge. This quarter, we look at cases on penalty clauses in sale contracts, what ‘reasonable’ means when it comes to not unreasonably withholding consent under a restrictive covenant and what factors the Upper Tribunal will take into account when considering whether a restrictive covenant is obsolete. Montgomery is Co-President of the Tulane Public Interest Law Foundation (PILF) and is a junior member of the Tulane Environmental Law Journal.Welcome to the latest edition of the Real Estate Legal Update. ![]() In addition to being recognized at the annual Journal banquet, he will receive an award of $1,000.Ī three-person panel judged the competition- Attorney Suzette Bagneris, Tulane Law Prof. Lauren Godshall, and former Tulane Environmental Law Journal Editor Thuy Le (L’20) - and selected Montgomery’s comment due to its thoughtful analysis, the clear and comprehensive way in which it presented its argument, and the relevancy of the topic to current environmental issues. The TCEL Prize is awarded annually to the best student comment submitted to the Journal. Montgomery (L’22) wrote about the issue under the theory of unjust enrichment in a comment titled “Polluter Disgorges: Climate Accountability and the Law of Unjust Enrichment,” which will be published in Volume 35 of the Tulane Environmental Law Journal during the coming academic year. ![]() William Montgomery, a second-year law student, has been awarded the Tulane Center for Environmental Law Prize for his forward-thinking analysis of climate accountability issues. ![]() Tulane Center for Environmental Law Director Mark Davis and William Montgomery (L'22), the winner of the TCEL writing prize for his comment on climate accountability. ![]()
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