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Martin Evans and Katherine Frankham discuss the key points arising from the UK Supreme Court decision in Tesco v Dundee ‘Planning authorities, according to Lord Reed, do not live in the “world of Humpty Dumpty” in which they can make the development plan mean whatever they would like it to mean.’ It is well established …
Continue reading "Planning Applications: Humpty Dumpty and the sequential approach"
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John Adams outlines the implications of SuDS on the development process ‘Developers need to be aware of these provisions and their impact on any development in England and Wales as they may have financial implications, as well as impacting on the practical design of a development site.’ The government has proposed that the provisions of …
Continue reading "Sustainable Drainage Systems: How will they affect your clients?"
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Hannah Harries explores the availability of default or summary judgment to claimant landlords and tenants in the context of ‘opposed’ claims ‘Default judgment is a judgment without trial, and is generally perceived to be granted as an administrative matter without any consideration of the merits of the claim following the defendant’s failure to file an …
Continue reading "Business Leases: Business leases"
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John Starr reviews cases concerning an obligation to act in good faith, and a negligence claim averted ‘Schedule 8 of the JCT Standard Building Contract contains a clause requiring the parties to work with each other in a co-operative and collaborative manner, in good faith and in a spirit of trust and respect.’ Keep the …
Continue reading "Construction Focus"
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With a growing number of entities looking to buying loan portfolios, Michael Delaney provides a guide for those interested in buying such debt ‘Given the number of properties involved and the time and resources which will need to be invested to see any potential upside, lenders are showing an increased willingness to dispose of their …
Continue reading "Finance: Buying property debt"
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Paul Tonkin provides an overview of recent case law Break notice invalid where interest on late rent outstanding Avocet Industrial Estates LLP v Merol Ltd [2011] Merol was Avocet’s tenant of commercial premises under a lease that included a break option. The break option provided that the break notice would be of no effect if …
Continue reading "Case Round Up"
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Nick Lloyd and Sarah Moore outline some issues relating to pre-pack, including the government’s controversial decision not to reform them Pre-pack sales are often criticised by landlord creditors for lacking transparency and being difficult to challenge if a creditor believes that he has suffered undue prejudice because of the terms imposed by the pre-packAs the …
Continue reading "Pre-Packaged Sales: Bones of contention"
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Lucy Barber looks at a case relating to excluded tenancies under the Leasehold Enfranchisement Act 1967 ‘Parliament had not made a mistake in not referring instead to “house and premises” because interpreting “house” in either of the ways contended by the landlord and the tenant, both still resulted in odd situations arising There has been …
Continue reading "Enfranchisement: When is a country house a house?"
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James Carroll and Juliet McDermott discuss interim occupationof the family home pending divorce Commonly, when facing a divorce, the biggest asset will be the family home. Both parties will need to decide what is going to happen to the family home in the longer term. This will require consideration of their respective financial circumstances, including …
Continue reading "Matrimonial Home: Should I stay or should I go?"
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Morven Coulter reviews the four key areas that should be considered at the heads of terms stage ‘It is worth agreeing the approach on uninsured risks at the heads of terms stage, as any well-advised tenant will bring it up once documentation is issued. This will only waste time as the point is debated back …
Continue reading "Property Deals: Practical tips for a quicker implementation"
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