February 2021 #384 – Law Journals

Urban regeneration: Calm before the storm – the post-pandemic urban renaissance

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With the pandemic forcing communities to rethink their need for public spaces and repurposed buildings, Peter Kershaw considers the competing theories underpinning urban regeneration and the role of planning committees and public engagement The left and radical proponents clearly see one key aim of contemporary regeneration as being the need to reduce the old and …

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Hospitality and Covid-19: New planning considerations

The hospitality sector is having to adapt to an ever-evolving regulatory regime in light of the Covid-19 pandemic. Jennifer Ayris and Claire Petricca-Riding highlight some of the issues that arise It is hoped that the increased use of the High Street Futures Fund may see more local authorities being flexible in the use of public …

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Development round-up 2020: Key decisions despite Covid chaos

As business goes on (albeit not necessarily ‘as usual’), Claire Acklam reports on key cases from 2020 which are likely to be of interest or assistance to developers Parties and practitioners must note that execution of a deed will only be valid if the finalised version is circulated before signature. If any late amendments are …

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Case study: A salutary lesson

The recent case of Fishbourne v Stephens demonstrates that conditional option agreements, while a useful development tool, can cause a whole raft of issues if poorly drafted. Julian Greenhill QC, Danny Revitt and George Cohen consider its implications The Court of Appeal concluded that an interpretation that enabled the option-holder to trigger the option with …

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Construction focus: Amendments to standard forms

Emily Holdstock explains why standard forms are so often amended, through the lens of a developer client It is vital that property lawyers and construction lawyers work closely together to ensure that the developer’s position is protected in so far as possible. Building contracts come in many forms. From the JCT to the NEC to …

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Frustration: The extent of its applicability

Mark Pawlowski considers the extent to which the doctrine of frustration may operate to terminate rights in land In summary, it can be said that the English courts are prepared to admit that the doctrine of frustration applies to the sale of land. However, the actual circumstances in which the doctrine will actually be held …

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Covid-19 – residential possession proceedings: An ever-evolving picture

The ban on evictions is currently due to be lifted on 21 February 2021. Josephine Morton reviews the legislative changes that having taken place to date and their implications It is advisable for landlords to ask for a recording on any possession order yet to be obtained that the case falls within one of the …

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