April 2014 #320 – Law Journals

CRAR: A new remedy assessed

As of early April, a landlord’s ancient right to distrain for rent arrears is to be abolished. Laura Tanguay addresses some of the shortcomings of the new regime ‘The new regime does entirely away with the old one, and replaces it with a prescribed statutory process.’ On 6 April 2014 a landlord’s right to distrain …

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Non-Disclosure Agreements: Don’t be a tease!

Andrew Olins assesses a recent case with a clear warning for developers who fail to obtain an NDA from their potential funders ‘An equitable obligation of confidence arises on the acquisition or receipt of confidential information if, but only if, the acquirer or recipient either knows or has notice (objectively assessed by reference to a …

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Flood Risk: What is a solicitor’s role?

Flood risk investigations are now an intrinsic part of the conveyancing process, but to what extent do solicitors need to advise their clients and what are the implications of forthcoming changes to flood insurance? Hannah Kramer reports ‘Flood risk analysis clearly goes beyond our expertise as legal practitioners, so should we be eschewing any responsibility …

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Noise Nuisance: The Supreme Court rules

Daniel Gatty reviews the outcome of the decision in Coventry v Lawrence and its implications for nuisance claims ‘Does the grant of planning permission change the character of the neighbourhood in a way that makes lawful what would otherwise be a nuisance? In the Supreme Court’s view, the answer to that question will usually be …

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Planning And Environment Update: Tightening the belt

Rosalind Andrews considers current planning policy on green belt protection, and the conflicting needs of meeting current housing shortages and protection of the countryside ‘In his report the inspector noted that when dealing with individual planning applications “housing need does not, on its own, trump green belt policy”.’ On 7 March 2014 the Department for …

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Construction Focus: The importance of clarity

John Starr examines a case where one of the parties to the dispute sought to use a letter of intent to start adjudication proceedings ‘The court reached the clear conclusion that the letter of intent was a simple free-standing contract that would govern the parties’ legal relations until a formal sub-contract was entered into.’ It …

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Administration: The Game is up

A recent Court of Appeal ruling has called a stop to company administrations that were tactically timed to fall after rent quarter dates. Bryan Johnston explains ‘It would be hoped that the outcome of Game will lead to co-operation between landlord and insolvency practitioner.’ The Court of Appeal has held that where a leasehold property …

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