June 2018 #362 – Law Journals

Planning update: Public rights of way and the planning regime

What is a public right of way and what are the statutory powers that exist when a development will interfere with such a right of way? Georgina Reeves looks at a recent High Court case where a Grampian condition was imposed on development ‘The grant of planning permission does not override public rights of way …

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Residential tenancies: The ever-developing intricacies of s21 of the Housing Act

Zoe McLean-Wells explains two important recent cases which consider essential prerequisites for recovering possession of residential premises ‘Landlords and their managing agents should ensure that, in all cases, tenants are provided with an EPC, a GSC and the How to rent booklet before commencement of the tenancy.’ Residential landlords, managing agents and fixed charge receivers …

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Conveyancing: Tricks of the trade

Alison Taylor examines recent changes in the law which all conveyancers should be aware of ‘If there is a long delay between the replies to pre-contract enquiries being given and proposed exchange of contracts, it may be prudent for the buyer to seek formal confirmation that the original replies remain accurate before exchange.’ The intention …

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Section 73 permissions: Conditional consent

Graham Cridland and Michelle Perring review a recent decision highlighting the courts’ unwillingness to imply new conditions into a planning permission ‘A requirement to imply a whole new condition into a planning permission is something the courts will not consider lightly and highlights the importance of ensuring that conditions are imposed to control the use …

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Construction focus: Timing is everything

Two recent cases have examined the interaction between the timeframe for an adjudication and an adjudicator’s right to resign. John Starr reports ‘Jacobs’ case was that the parties had agreed that the dispute should be referred to an adjudicator and that the adjudication should be conducted in accordance with an agreed timetable. Skanska’s case was …

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CPO and compensation: Important changes to the law

Gary Soloman considers a number of provisions relevant to compulsory acquisition which came into force in September 2017 and April 2018, and which seek to address issues that were raised in government consultations ‘The targets are ambitious and there is no real way of enforcing them, so it remains to be seen how effective they …

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Sector focus – construction: Structural change post-Carillion

Carillion laid bare the vulnerability of the sector and illusion of allocating all risk to a contractor. Procurement projects are changing, so how should the development sector adapt? Marcus Harling and Matthew Crossley investigate ‘It is not possible to ignore the impact of the failure of Carillion on the construction sector, and the wider ramifications …

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