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Laurie Heller provides a review of the Act in the context of recent case law ‘The Act is concerned with the requirements to regulate how a construction project is to be carried out so that the property of the adjoining land owner is protected.’The recent decision in Kaye v Lawrence [2010] corrects a misunderstood issue …
Continue reading "Party Walls Etc Act: Rights of support"
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John Starr considers the appeal decision in the OFT bid rigging saga and assesses the necessity for an expert witness in a professional negligence claim ‘Prior to the OFT’s decision, cover pricing was seen by many in the construction industry as a longstanding, widespread and acceptable practice.’The Competition Appeals Tribunal (CAT) has ordered significant reductions …
Continue reading "Construction Focus: A CAT amongst the pigeons"
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Dellah Gilbert examines the practical implications of a recent judgment on break notices ‘Check the terms of the break clause carefully. Comply with any specified requirements precisely, for example addressing the notice to the landlord and sending a copy to an agent.’ There has been a flurry of cases over the last year or so …
Continue reading "Landlord And Tenant Update: Waiving and drowning"
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With an increasing number of vacant shops presenting problems for landlords, Lisa-Marie Smith looks at the key terms and advantages of ‘Meanwhile Leases’ ‘The Meanwhile Scheme is an initiative of the previous government to encourage the temporary occupation of vacant units for non-commercial purposes, which in turn reduces the landlord’s liability for empty rates.’The number …
Continue reading "Meanwhile Leases: Minimising overheads on empty units"
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Alexandra Anderson reviews the judgment in Jones v Kaney, and its implications for professional experts and their insurers ‘It was common ground that, if the immunity was to be effective, it must apply to views expressed not only in court, but in contemplation of, or at least preparation for, possible court proceedings.’Last week the Supreme …
Continue reading "Expert Witnesses: The Supreme Court abolishes immunity"
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Shelagh McKibbin discusses the coalition government’s flagship Green Deal scheme and asks what this means for commercial property ‘As a result of the Green Deal charges, energy bills could be higher than for comparable property where no efficiency measures have been performed. This could affect the landlord’s ability to re-let the property as well as …
Continue reading "Green Deal: What’s the big deal?"
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The updated guidance accompanying the Bribery Act was issued at the end of March. Ron Reid assesses whether it has adequately dealt with the complaints that arose out of the initial guidance ‘Facilitation payments have been relaxed somewhat, with the government approach now being that eradication of such payments will be a long-term goal requiring …
Continue reading "Bribery Act 2010: Guidance issued"
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Clare Fielding examines how the government is proposing to deliver infrastructure in a localist world ‘Some people are sceptical about localism. Some even argue that growth is incompatible with localism. But my answer is – was centralisation such a great success?’ (Eric Pickles, secretary of state for Communities and Local Government, CBI annual dinner 21 …
Continue reading "Infrastructure: Mind the gap"
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Claire Deanesly and Alex Ibrahim provide an in-depth look at the proposals and their likely effect ‘Due to its complex, costly and unwieldy nature, the CLR has been relatively ineffective during its 11-year history. The proposed changes to the CLR are therefore regarded by many as long awaited.’The government has recently consulted on proposed changes …
Continue reading "Contaminated Land: The proposed regime in detail"
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Rebecca Shorter looks at the issue of concurrent liability in the context of building defects ‘Contract and tort are different sources of obligations. The existence of a contract will not rule out the possibility of a concurrent duty of care in tort to prevent economic loss, but neither will it automatically create such a duty.’The …
Continue reading "Case Study: Pure economic loss re-examined"
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