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Emma Humphreys outlines the Law Commission’s Consultation Paper on proposed changes to the Code and urges property owners and occupiers to get involved in the consultation process ‘The Law Commission considers that there needs to be more clarity and certainty in valuation, with a fair balance between the interests of the various parties and a …
Continue reading "The Electronic Communications Code: Have your say!"
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Morgan Bowen, Nishi Gandesha, and Emma Lloyd discuss process and procedure ‘The glut of formal insolvencies that was predicted for the retail and wholesale sector at the commencement of this latest recession has not in fact come to pass.’ Recent years have seen the use, by large retailers who are in financial difficulty, of the …
Continue reading "The CVA: A useful tool for the large retailer"
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John Starr analyses the Court of Appeal’s approach to mediation and a new Court-run scheme ‘CAMS has been running for a number of years and has consisted of the court writing to the parties to tell them about mediation and the Mediation Scheme run by the Court of Appeal.’ For some years now, the Court …
Continue reading "Construction Focus: Mediation retains its appeal"
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Roy Pinnock considers the backdrop to the Review and whether its recommendations can achieve the goal of mobilising institutional investment in volume homebuilding Aside from whether a centralised payment system costing the taxpayer £200m each year is appropriate, NHB also appears to have been most frequently applied to student housing and conversion of multi-occupied dwellings …
Continue reading "The Montague Review: If you build it will they come?"
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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. …
Continue reading "Case Round Up"
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Alan Woolston and Chris Farrell assess the outcome of two recent cases ‘There have been two cases this year, one recent and one not so recent, which have provided some examples of scenarios where the courts will find that an ‘endeavours’ obligation was breached or complied with.’ Commercial contracts require certainty, so it is perhaps …
Continue reading "Contractual Endeavours: New homes and cheap flights"
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Martin Dawbney and Frances Edwards looks at the outcome of two recent decisions that will come as welcome relief to ratepayers ‘Following an exemption period of three months for most properties after the property becomes unoccupied, landowners now face the additional burden of having to pay business rates at the same rate as if the …
Continue reading "Business Rates: Reducing the pain"
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Juliet Munn provides a reminder of the salient points from some recent cases ‘The main issue for the court was whether the various D1 uses that had occurred at the property since 1994 could be amalgamated together such that the ten-year time limit had been surpassed.’ Many aspects of planning law continue to exercise the …
Continue reading "Planning And Environment Focus: Case law update"
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Sarah Dawe reviews a case where at long last a right to park a car in a single, identifiable space has been upheld as an easement ‘A burdened landowner does not in general have the unilateral right to extinguish an easement over one area of land simply by providing an equivalent easement somewhere else.’ Car …
Continue reading "Easements: How car parking easements can prevent development"
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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 …
Continue reading "The Modern Law Of Nuisance By Smell: Barr v Biffa"
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