October 2018 #365 – Law Journals

Construction focus

John Starr examines two recent cases concerning when limitation periods begin and when a company in liquidation can refer a payment dispute to adjudication ‘Tenants or purchasers of newly built or refurbished properties who have the benefit of a contractor’s collateral warranty should be alert to ascertain the date of practical completion of the works, …

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Landlord and tenant: Flexibility is king

Jade Capper explores the rise and rise of the serviced office market ‘It will never be a case of “one size fits all” as every business will have different needs and requirements, but there are, generally speaking, common benefits and hindrances for SMEs and start-up companies when considering which type of space to take.’ The …

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Construction contracts: Project bank accounts

Marcus Harling and Philip Kershaw consider how project bank accounts can be utilised to mitigate insolvency risks, harmonise relationships within the supply chain and deliver projects more efficiently ‘The balance of opinion is that if monies held in the PBA are in a properly constituted trust, and the employer or contractor becomes insolvent, the funds …

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Case study: A reminder that preparation is the key to success

Emer Murphy reviews a case involving a property joint venture agreement with a warning on the court’s stance on a failure to prepare in advance of a trial ‘This is a stark reminder to practitioners of the need to raise pleading objections, or risk losing them altogether. In an adversarial system, the court cannot be …

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Registration of title: Take a running jump!

Thomas Armstrong and Sarah Magee outline the problems posed by the registration gap, as well as some practical ways to alleviate them ‘Until the Land Registry completes the registration of a transfer of land, the legal and beneficial ownership is split between the transferor and transferee.’ In property transactions we often see buyers believe that, …

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Habitats Directive: Assessments still needed

The European court has confirmed that mitigation measures cannot be taken into account when screening a project under the Habitats Regulations. Elizabeth Dunn and Lucy Metcalfe discuss the recent rulings over when to carry out an assessment ‘Under the Habitats Directive, if a development or project may have an impact on a European site, this …

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