November 2021 #392 – Law Journals

Planning: the 2021 Autumn Budget

Nicola Gooch explores what the Budget said about planning and improving the built environment We believe all interested parties need to work together to ensure that the heat is not turned down in respect of making funds available for remedial work. On 27 October, the Chancellor delivered his Autumn Budget and announced the results of …

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Notices: When is service by email enough?

Mark Pawlowski and James Brown consider the validity of notices sent by email when severing a joint tenancy and in other contexts It is to be noted that s36(2) simply requires a ‘notice in writing’ – it does not specify the form of notice, nor is there is any requirement for a signature or any …

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Building safety and planning: Planning Gateway One

Fiona Sawyer and Kate Wilson consider the implications of Planning Gateway One in the wider context of the building safety regime Given their size and complexity, many schemes involving relevant buildings will, in turn, include an application for outline planning consent. One wonders what the government’s thinking is in apparently exempting schemes that involve construction …

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ESG and property investors: A view from above

Helen Auden and Meghan Hatfield consider ESG investment and what challenges and opportunities lie ahead It is becoming increasingly important for investment managers to implement a more creative approach to their investment strategies in order to diversify and incorporate ESG-positive assets into their portfolios. As the United Nations Climate Change Conference (COP26) summit draws ever …

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Construction focus: Grenfell – where are we now?

Following the closing submissions at the Grenfell inquiry, Emma Swan considers changes in the building safety landscape in the wake of the tragedy Grenfell failings exemplify the issues in the industry: namely, widespread apathy towards safety and a lack of responsibility, cooperation and basic understanding that went purposefully unchallenged in favour of profit margins. It …

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Vacant possession: Court of Appeal provides clarity

The commercial landlord and tenant sector finally has some clarity on exactly what is meant by a tenant’s obligation to give back vacant possession at lease termination. Jane Bloomer considers the case law Very convincingly, the landlord argued that GRS hadn’t given back ‘the premises, as there were a number of items contained within the …

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CVAs: Caffè Nero – High Court rejects challenge

Adam Plainer, Kay Morley, Tayyibah Arif and Ola Majiyagbe consider a case where a landlord challenge, backed by a last-minute offer, was rejected on the grounds of material irregularity and unfair prejudice Last-minute offers, even if they have the potential to offer a better return to creditors, are less likely to succeed if they are …

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