July/August 2014 #323 – Law Journals

Construction Focus

John Starr provides an overview of two recent construction cases ‘Northumbrian Water sought to recover its loss in nuisance and negligence. It alleged that McAlpine had failed to take reasonable care to identify the existence of underground services formerly present at the site.’ Some concrete reassurance for contractors The Court of Appeal recently heard an …

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Collective Enfranchisement: What is included in a claim?

Natasha Rees reviews an Upper Tribunal decision explaining what exactly tenants can include in a claim to collective enfranchisement in addition to the specified premises ‘The leases contained a specific prohibition that prevented the tenants from entering upon any part of the development other than their allocated parking space and any road or pathway.’ It …

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Competition Law: The special responsibility of dominant owners

Andrew Francis and Suzanne Rab reflect on the implications of an Indian competition law case on UK real estate development ‘In light of the experience to date in this area, great caution is needed when applying the law on abuse of dominance in the real estate sector.’ India’s specialist competition appeal tribunal, the Compat, has …

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Break Clauses: Breaking up is hard to do – part 3

Dan Cuthbert outlines where the recent decisions in Game and M&S leave apportionment of rent ‘Both the M&S and the Game appeal are good news for landlords. Tenants will find it increasingly difficult to argue that they should recover rent for any period after the exercise of a break date.’ Over the last two years, …

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Rights Of Way: Interfere or abandon?

Anna Rawlings and Richard Bartle consider some recent cases involving rights of way ‘Dwyer serves as an important reminder of just how difficult it can be in practice to show that a right of way has been abandoned, and that non-user is not enough, on its own, to prove abandonment.’ Private rights of way are …

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Restrictive Covenant: Practical benefits of substantial value or advantage

Emma Humphreys highlights a case concerning modification under s84(1)(aa) Law of Property Act 1925 ‘The tribunal concluded that the objector did not secure practical benefits of substantial value or advantage by impeding the proposed user and that money would be adequate compensation for the loss/disadvantage.’ Re Kerai Upper Tribunal (Lands Chamber) [2014] concerned the proposed …

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Planning Update: Listed buildings and conservation areas

There is a strong presumption against the grant of permission in cases where listed buildings or conservation areas are affected by proposals. Kirsten Hewson examines planning policy and case law ‘For substantial harm to be regarded as “necessary”, developers must show that the proposed development carries with it an exceptional degree of justification, and must …

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Proceeds Of Crime: A new direction?

Confiscation of assets from those convicted of a crime is not a new concept. Helen Boniface and Jessica Hickson report on how the confiscation process is being used in a new way with far-reaching implications ‘Proceeds of Crime Act confiscation can potentially have serious ramifications for both corporations and individuals convicted of any crime.’ People …

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