October 2013 #315 – Law Journals

Construction Focus: Set off against adjudicator’s decision?

John Starr reviews a case in which set off against an adjudicator’s decision was sought but ultimately not granted ‘Having reviewed all the previous case law on the subject, the judge reached the following broad conclusions on the issues arising where a party seeks to set-off against, or withhold from, sums which an adjudicator has …

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Fracking: Trespass and compulsory acquisition

Is Bocardo a new weapon in the armoury of fracking objectors? Andrew Ryan investigates ‘In this challenging environment of increasing opposition to shale gas extraction, the current statutory framework, intended to facilitate exploitation of the Crown’s mineral reserves, potentially becomes a millstone around the fracking industry’s neck.’ Back in 2010, the UK oil and gas …

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Property Development: New ‘biodiversity offset’ proposals

The government is proposing to incorporate into the planning system a new biodiversity offsetting mechanism targeted at developers in England. Nigel Howorth, Elizabeth Hardacre and Michael Coxall answer ten key questions about the proposed mechanism ‘In order to ensure no net loss in biodiversity, a strategic approach will need to be taken. ‘ The new …

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Service Charges: No landlord equals no consultation!

Does a ‘landlord’ include a ‘future landlord’ under the consultation requirements in s20 of the Landlord and Tenant Act 1985? Sue Thompson considers a recent case bringing welcome clarity ‘As frequently highlighted in the plethora of decisions handed down by the courts and tribunals, the challenging field of residential service charges remains ever-evolving and complex.’ …

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Judicial Review: Further reforms and the Chamber of Planning

Christopher Stanwell and Tim Stansfeld provide an overview of the current position and the proposed reforms, with a more detailed look at some of the significant proposals ‘The proposed “leapfrog” reforms will be welcomed by challengers, developers and local authorities alike, and could be one of the key proposals capable of actually improving the timescales …

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Case Round Up

Paul Tonkin and Eleanor Marsh summarise recent case law Tenant liable under repair covenant for cost of repair of roof lights under dilapidations claim Twinmar Holdings Ltd v Klarius UK Ltd [2013] Klarius was Twinmar’s tenant of a warehouse and office space built in 1993. Klarius covenanted to keep the whole of the premises ‘in …

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