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Jessica McGoldrick explains what they are they and why they are important in property litigation ‘Part 36 offers can be used in almost all areas of property litigation including claims for dilapidations, rent arrears, professional negligence, business lease renewals, or any breach of a contractual arrangement relating to land.’ The courts want parties to settle …
Continue reading "Part 36 Offers: Make me an offer I can’t refuse"
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A recent complex case called for the judge’s interpretation of a lease that was assigned and not duly registered. Rosemary Herbert unravels the issues. ‘The definition of ‘assignment’ for the purposes of the 1995 Act includes equitable assignments, assignments in breach of covenant or by operation of law.’ At the end of July, Arnold J …
Continue reading "Case Update: Assigned but not registered"
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Martin Evans investigates why current proposals do not go far enough W ith an increasing number of developments stalling, following changes to market conditions, making previously agreed planning obligations unviable, the Department for Communities and Local Government (DCLG) is seeking to make legislative changes to help developers renegotiate those planning obligations. Under the proposed changes, …
Continue reading "Planning Obligations: DCLG proposals in the spotlight"
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Nitej Davda and Tom Evans review the obligations imposed on landlords by the 1988 Act when considering applications for consent to assign or sublet a lease ‘The recent decision of E.ON UK plc v Gilesports Ltd [2012] suggests that provisions in leases relating to the service of notices will apply to applications for consent for …
Continue reading "Landlord And Tenant Act 1988: Should they stay or should they go?"
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Katie Stoddart examines the motivations for amending current accounting practices and what the future holds ‘If a lease is a capital lease then both an asset and a liability are recorded in the lessee’s balance sheet, the liability reflecting the repayment of the ‘loan’. ‘Lease accounting standards are in the spotlight following recent (and continuing) …
Continue reading "Lease Accounting Standards: Time to change"
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Emma Humphreys and Andrew Francis assess a case where the court was required to interpret consents given in a 1967 conveyance ‘The parties were agreed that a finding on the first issue (ie relating to the construction of the 1967 conveyance) in the defendant’s favour meant that the second issue would become irrelevant, but the …
Continue reading "Rights Of Light: Shining a light on interpretation"
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Giles Ferin argues that poor housing delivery may not just be the fault of delays in the planning system ‘The Local Government Association went on record to state that the lack of planning permissions is not the cause of current poor levels of delivery, as consent already exists for more than 400,000 units that have …
Continue reading "Proposed Planning Changes: The devil is in the detail"
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Are there still opportunities for property owners who want to generate their own renewable energy to take advantage of government incentives? Angus Evers and Juliet Munn investigate ‘FITs are a key tool to assist in achieving the 80% reduction in carbon emissions by 2050 that is required by the Climate Change Act 2008.’Since April 2010, …
Continue reading "Planning And Environment Update: Renewable energy: where are we now?"
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John Starr discusses a case where a common-sense approach prevailed ‘It has become quite popular over the years to adduce expert evidence on matters of delay.’ There has been a fair amount of discussion recently by industry commentators concerning global claims and concurrent delay. Both issues were raised in the recent case of Walter Lilly …
Continue reading "Construction Focus: Delay analysis and the expert"
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Andrew Plunkett reviews two recent cases that consider to what extent a party can be found liable for tree root damage ‘A party responsible for maintaining the relevant tree(s) will only owe a duty to a property owner if it is reasonably foreseeable that the tree will, or may, cause damage to the property in …
Continue reading "Tree Root Damage: Foreseeable damage?"
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