June 2016 #342 – Law Journals

Costs: The price of ambiguity

Littlestone v Macleish [2016] sheds light on whether landlords’ costs on dilapidation claims are recoverable on a standard or indemnity basis. Rosalind Cullis explains ‘The decision in Littlestone suggests that landlords pursuing damages claims and with the benefit of a similarly worded clause in their lease can, if successful, seek to recover their costs on …

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Construction Focus: Time for an exception?

John Starr investigates the use of mediation in construction disputes and debates its effect on individual access to justice ‘Access to justice can mean not only the objective notion of justice for all, unfettered by troublesome low-value cases, but also the subjective notion of public vindication of one’s position.’ Mediation has evolved, over the decades …

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Land Registry: A question of trust

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In light of the recent consultation, Harriet Bastiani gives the pros and cons of the proposed privatisation of the Land Registry ‘The property market relies upon an inherent trust in the Land Registry and the assurance that the register is well maintained, with the Land Registry providing a state-backed guarantee to property title and the …

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Infrastructure: Mind the housing gap

Laura Nation examines the implications of the National Infrastructure Commission’s proposed planning rule changes ‘It is unsurprising that the Treasury alights upon the intrinsic link between the delivery of Crossrail 2 and the provision of housing for London made by the National Infrastructure Commission (NIC).’ The National Infrastructure Commission (the NIC) was set up in …

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Planning Update: Further relaxation

Jamie McKie casts a critical eye over the latest expansion of permitted development rights ‘In tandem with the push for housing delivery, the general direction of travel has been for many of the perceived “smaller” aspects of development to be taken out of the planning regime.’ What are permitted development rights? Section 59(1) of the …

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Fraud: When gross negligence is not enough

In an article highlighting the key points of a case involving deliberate deceit by a surveyor, Jonathan Brooks explores the principles involved ‘E-mail correspondence abounds and is often of so informal a nature that it is issued without the same level of thought and care that a writer may give to, say, a more formal …

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Title Guarantee: Worth its weight

Roger Cohen summarises a series of cases which demonstrate the issues that can arise when a title is registered by fraud or error ‘Disputes can arise between competing innocent owners and between the innocent victim and the Land Registry as provider of the indemnity.’ The elevator pitch for the system of title by registration in …

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