April 2013 #308 – Law Journals

Planning Case Study: The primacy of the development plan

A recent case concerning wind farms has highlighted the importance of decision makers giving sufficient weight to the development plan, as Jennifer Holgate finds out Mackie J found that the inspector did not accord the development plan the priority required by law. The inspector did not mention the priority ‘due to the plan’ or express …

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Trusts And Property: Declarations of trust in the family home

Mark Pawlowski considers the Court of Appeal’s decision in Pankhania v Chandegra, which discusses whether express declarations of trust are conclusive The Law Commission endorsed the conclusive nature of the declaration of trust in the context of transfers of title to joint owners, stating that, ‘it is essential that courts strictly enforce declarations of trust …

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Property Authorised Investment Funds: Where are we going?

Deborah Lloyd weighs up the pros and cons of PAIFs A fund manager will have to be prepared to manage an openended vehicle to take advantage of the PAIF regime. The government introduced tax breaks for UK property funds in 2008. It has taken five years for the industry to start responding. Now we are …

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Rights Of Light: Timing is everything

Emma Humphreys and Richard Flenley examine a case highlighting the different considerations that apply when a court is considering a claim for an injunction and a claim for declaratory relief The defendants contended that the court should only grant an injunction or make a declaration in a quia timet action where the defendant is threatening …

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Planning Relaxation For Free Schools: What are the implications?

Jo Hannah looks at the reasons behind the decision to allow free schools in almost any building without the need for planning permission Local authorities do have the ability to restrict the opening of free schools across either specific parts or across the whole of their region, by issuing an Article 4 Direction under the …

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Electronic Communications Code: Ringing the changes

Donal Kelly analyses the Law Commission’s recent report on a revised Electronic Communications Code The tribunal will be prevented from making an order granting code rights where the landlord can prove one of the grounds for bringing rights or a telecoms lease to an end.Following the Law Commission’s report (that was published on 27 February …

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