April 2022 #396 – Law Journals

Case study: Repairs around a river

A landowner is facing a number of offences for carrying out alleged repair works on his land. Jill Crawford investigates the incident and its implications It is only in rare and severe cases that Natural England will prosecute a landowner for causing damage to SSSIs. In accordance with its Enforcement Policy, it will only do …

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Planning reform: The Levelling Up agenda

Fiona Sawyer considers what the Levelling Up White Paper says about taking forward the Planning White Paper planning reforms From a planning law perspective, closer attention must now be paid to what the Levelling Up White Paper has to say. At a Levelling Up, Housing and Communities Committee meeting held on 7 March 2022, the …

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Net zero: Impact on real estate

Gary Ritter, Marianne Anton, Nicholas Davies and Toby Hunt consider the government’s key commitments as set out in its Net Zero Strategy and what this means for landlords, investors and developers The risk is the strategy is not ambitious enough and without clear cut-off dates and better targeted financial assistance, change will be too slow …

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Fracking, protests and injunctions: An essential update

Gwendoline Davies, Nick McQueen and Twm Russen offer an essential update for businesses concerned to take action against unidentified protestors Helpfully for businesses, the Barking and Dagenham case clarifies that interim injunctions obtained against persons unknown or unidentified persons can now be continued at trial on a final basis Concerns about energy supplies and the ongoing steep …

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Reasonable endeavours: Have your efforts really been good enough?

Maria Peyman and Charlotte Wormstone reflect on the latest High Court case addressing what is meant by ‘all reasonable endeavours’ Brooke Homes contended that P3 Group failed to advance negotiations towards completion, more particularly in relation to the conditional sale agreement. How many hours are spent, when drafting an agreement, addressing whether a party is …

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Construction focus: Insolvency in construction

Dan Cudlipp assesses the increasing risk and legal consequences surrounding construction-related insolvencies The JCT and NEC4 grant the employer the opportunity to terminate; termination does not happen automatically and so there is the possibility of the parties continuing the contract. The latest official statistics on insolvency make for sobering reading, particularly for those operating in …

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The Spring Statement: A housing crisis that needs addressing

While the Spring Statement did not contain much relating to housing, Nicola Gooch explains why the country’s housing crisis is complex and requires urgent attention The treatment of the green belt, and how it interacts with issues of housing supply and affordability, is extremely politically contentious. The prospect of green belt release often galvanises public …

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