July/August 2017 #353 – Law Journals

Tenure: Flying high

Julian Bass and Sarah Quy provide some practical solutions to flying freeholds ‘Affected owners often take out an insurance policy to compensate the owner for any reduction in the value of the property as a result of any inability to repair the neighbouring property.’ A flying freehold is a quirk of English land law. Here …

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Planning Update: Two become one

Katie Scuoler examines the current planning position on amalgamation of units ‘Given the emerging position that amalgamation may be a material change of use, it is not surprising that the most recent amalgamation appeal decisions in RBKC have concerned the refusal of planning permission.’Historically whether planning permission was required for the amalgamation of units has …

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Leases: Practise what you preach

A ‘licence’ can turn out to be a lease when put to judicial scrutiny. Emma Pinkerton and Sarah Moore explain how to make sure legal documentation delivers ‘It is the reality of the circumstances in which the parties find themselves that counts – not how they decide to categorise their agreement.’Clients often ask their solicitors …

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Pollution: A lot of hot air?

Simon Tilling and Sarah Raby review the new air quality plan ‘Even if the current draft plans do survive ClientEarth’s challenge, the fact that they leave so much discretion to local authorities means that they do not make it at all clear what measures would actually be implemented in practice.’Air quality is one of the …

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Construction Focus: Politics of the judiciary

John Starr focuses on three cases that highlight pitfalls for the construction law practitioner ‘What effect would an application to correct a slip in the decision have on a party’s ability subsequently to raise a jurisdictional challenge?’In this article I examine three recent cases of interest: Dawnus Construction Holdings Ltd v Marsh Life Ltd [2017], …

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Conveyancing: A nightmare scenario?

In Dreamvar the purchaser’s solicitor was found liable for fraud by the ‘vendor’. Timothy Polli argues the logic of the decision ‘The effect of the decision is that the integrity of the conveyancing process (prior to registration of title) is underwritten by the conveyancing profession.’The case of Dreamvar (UK) Ltd v Mishcon de Reya [2016] …

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Permitted Development Rights: An important implication

Sophie Stewart discusses removing permitted development rights by condition and whether express reference to the GDPO is necessary ‘A principle of construction must be that any condition attached to a planning permission is intended to have content and purpose.’In March 2017, in the case of Dunnett Investments Ltd v Secretary of State for Communities and …

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