Case Round Up

Hogan Lovells | Property Law Journal | September 2012 #295
Paul Tonkin summarises some recent case law Developer’s procrastination results in valid termination of contracts to purchase Bhat v Masshouse Developments Ltd [2012] Mr Bhat and others exchanged contracts between November 2007 and February 2008 for the purchase of long leases in a residential block that Masshouse was developing. The purchasers paid deposits on exchange. …

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The Modern Law Of Nuisance By Smell: Barr v Biffa

Exchange Chambers | Property Law Journal | September 2012 #294
William Hanbury explains the recent Court of Appeal decision in Barr v Biffa Waste Services Ltd [2012] and asks whether it is any defence to a nuisance claim that the activity concerned is socially useful? ‘There has always been a tension in the law of nuisance between activities, which, by their very nature, cause a …

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Nuisance: Locality is key

Cobbetts LLP | Property Law Journal | May 2012 #291
Helena Davies considers the law of private nuisance, focusing on a few key concepts that have been assessed in detail in recent Court of Appeal decisions ‘It is not the way a defendant has undertaken his activity that is being tested for reasonableness, but rather the user of the land itself.’ The central concept discussed …

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Planning And Environment Update: Permits and permissions as defences

King & Wood Mallesons | Property Law Journal | May 2012 #290
Angus Evers and Juliet Munn consider whether planning permissions and environmental permits can provide an effective defence to a nuisance claim ‘Unless Parliament or the higher courts clearly direct otherwise, private law rights are unaffected by statutory regulation.’ Two recent cases have provided some clarity on the defence provided by environmental permits and planning permissions …

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