May 2019 #371 – Law Journals

Brexit: Environmental and planning challenges

Matthew Germain and Neil Bromwich consider the likely implications on planning and environmental law should the UK withdraw from the EU ‘The government’s approach to air quality is a positive indication of an intention to develop a robust environmental policy.’ Given the current uncertainty around how and when the UK will leave the European Union, …

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Japanese knotweed: The case continues

Claire Petricca-Riding, Felicity Wimbush and Alexandra Jones explore the implications of a judgment which held that Japanese knotweed in some circumstances can amount to an actionable nuisance ‘The 2018 Court of Appeal judgment sets a precedent; the spread or encroachment of Japanese knotweed is an actionable nuisance where the knotweed constitutes an “unreasonable interference” with …

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Planning update: Planning for an ageing population

Rachael Herbert outlines how planning law and policy are affecting the delivery of homes for older people and whether more can be done to accelerate extra care housing ‘As residential institutions within use class C2 are not usually expected to provide affordable housing, LPAs will regularly argue, at least at first instance, that an extra …

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Business rates: Relief for the owners of empty properties

Dean Monk examines the case of Rossendale, a Court of Appeal decision approving steps taken by property owners to mitigate their business rates liability ‘While the Supreme Court was unanimous on the “evasion” principle, it was divided on whether the principle could be expanded in the future. The billing authorities sought to exploit this by …

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Fences and hedges: Old law in the modern world

Should a fencing covenant be treated as a fencing easement, which can bind successors in title? Joanne Wicks QC reports on a recent Court of Appeal judgment ‘The fencing easement is a most curious beast. In content it is like a positive covenant, requiring the obligor to take positive action and expend money on maintaining …

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Construction focus: The statutory slip rule

John Starr reviews the first case to consider the slip rule introduced by the Housing Grants, Construction and Regeneration Act 2011 ‘The error the adjudicator made in incorrectly over-deducting for contra charges was the sort of error falling within the statutory slip rule.’ In the recent case of Axis M&E UK Ltd v Multiplex Construction …

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