November 2017 #356 – Law Journals

Repair Or Replace: A costly error

A landlord should look at reasonableness when deciding whether to replace or repair windows in a block. Vipul Kapoor outlines a recent case ‘If a landlord chooses a course of action which leads to a reasonable outcome, the costs of pursuing that course will have been reasonably incurred even if there was another cheaper, reasonable …

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Construction Focus: Can’t pay or won’t pay?

Statutory demands requiring payment of a debt cannot be used where there is a genuinely disputed debt, as John Starr explains ‘There is no doubt that the payment and adjudication provisions of the 1996 Act have made an enormous difference to the speed with which sub-contractors get paid, but sometimes even a 28-day adjudication procedure …

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Planning Update: The right homes in the right places

Georgina Reeves reviews the key consultation proposals published in September, which are aimed at increasing the supply of new homes ‘In terms of methodology at least, the proposed standardised approach is a significant step forward in terms of simplicity.’ The much-anticipated (and much delayed) housing white paper, Fixing our broken housing market (published in February …

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Planning Permission: Like for like

Recent cases have emphasised the need for consistency in planning decisions, and to be aware of relevant earlier decisions, as Amy Truman finds out ‘The court quashed the planning permission, holding that the council had clearly made inconsistent decisions without providing adequate reasoning.’ Two recent High Court decisions emphasised the importance of consistency in planning …

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Protection Of Public Houses: Open to attack?

The protection afforded to pubs by being listed as ACVs and restrictive covenants limiting user can be circumvented in some circumstances, as Christopher Cant reports ‘The absence of any consideration of the proposed new use by a local authority meant that the issue had to be considered by reference to the individual facts of the …

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PACT: The time is right

Established 20 years ago, Professional Arbitration on Court Terms, or PACT, has only recently gained momentum, as Mark Shelton discusses ‘There is a tension inherent in shoehorning a negotiation into a dispute resolution framework. The parties to a lease renewal have not chosen to take a dispute to court; they have been required to go …

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FRI Leases: Modern tenant requests

Barbara Webb considers the increasing inclusion of non-standard provisions in institutional leases, reflecting corporate policies. How should the parties to the lease respond? ‘Organisations with strong bargaining power are looking for all parties with whom they do business to sign up to provisions relating to the London living wage (LLW).’ The institutional full repairing and …

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