September 2011 #276 – Law Journals

Insolvency: Pre-packs: current and future proposals

With the growing popularity of pre-packs, Nigel Boobier and Daniel Cuthbert assess the issues surrounding them ‘This regulatory focus comes at a time of continued material challenges for business and an ongoing stream of administrations, particularly in retail, using pre-packaged sales.’It’s been a busy year for pre-packs. The announcement on 31 March from Ed Davey, …

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Professional Negligence: High water marks and some respite for surveyors

Charlie Bending and Robert Jones look at the outcome of the decision in Scullion, which will be welcomed by surveyors and valuers alike ‘The first instance decision in Scullion had been viewed by many as opening the floodgates to a rush of claims from a new category of claimant.’The recent decision in the case of …

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The Construction Act 1996: New rules on contracts and appointments

Kirstin Bardel reviews some of the key modifications to the Construction Act, due to come into force imminently ‘Before 1 October it will be very important for clients to make sure that they, and their teams, understand the new regime of notices and that their contracts comply with the new law.’Changes to the Construction Act …

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Trespass: The correct award

Stephen Bickford-Smith and Keith Shaw report on a recent decision in which the rule on buyout damages has been applied to trespass ‘The decisions are not outwith the main trend of modern cases, which, after a period when there was some support for the view that injunctions should be a weapon of last resort, have …

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Construction Focus: Beware the cracks

John Starr reviews a case highlighting the potential for liability both under contract and statute when problems surface in a development ‘The Shepherd Homes case came to trial in mid-2007 on the issues of liability, causation of damage and entitlement to contractual indemnity.’Residential developers have unavoidable contractual and statutory liabilities to homeowners. Not only will …

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Planning And Environment Focus: Planning and environment focus

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Sarah Youren discusses the planning aspects of the current review of rights to light legislation as well as other developments in the area Review of rights to light legislationHeaney (HXRUK II (CHC) Ltd v Heaney) [2010]The Law Commission has announced that it is to conduct a review of the legislation relating to rights to light. …

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Village Greens: Common land redevelopment

Nicholas Wood considers the interaction between s241 of the TCPA and the Commons Registration Act 2006 ‘The decision in Barratt has given clarity to land developers in the context of considering the viability of schemes where common land may be involved.’Residential developer Barratt Homes recently succeeded in quashing attempts by a local action group to …

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