September 2012 #296 – Law Journals

Construction Focus: Delay analysis and the expert

John Starr discusses a case where a common-sense approach prevailed ‘It has become quite popular over the years to adduce expert evidence on matters of delay.’ There has been a fair amount of discussion recently by industry commentators concerning global claims and concurrent delay. Both issues were raised in the recent case of Walter Lilly …

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Landlord And Tenant Act 1988: Should they stay or should they go?

Nitej Davda and Tom Evans review the obligations imposed on landlords by the 1988 Act when considering applications for consent to assign or sublet a lease ‘The recent decision of E.ON UK plc v Gilesports Ltd [2012] suggests that provisions in leases relating to the service of notices will apply to applications for consent for …

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Lease Accounting Standards: Time to change

Katie Stoddart examines the motivations for amending current accounting practices and what the future holds ‘If a lease is a capital lease then both an asset and a liability are recorded in the lessee’s balance sheet, the liability reflecting the repayment of the ‘loan’. ‘Lease accounting standards are in the spotlight following recent (and continuing) …

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Rights Of Light: Shining a light on interpretation

Emma Humphreys and Andrew Francis assess a case where the court was required to interpret consents given in a 1967 conveyance ‘The parties were agreed that a finding on the first issue (ie relating to the construction of the 1967 conveyance) in the defendant’s favour meant that the second issue would become irrelevant, but the …

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Proposed Planning Changes: The devil is in the detail

Giles Ferin argues that poor housing delivery may not just be the fault of delays in the planning system ‘The Local Government Association went on record to state that the lack of planning permissions is not the cause of current poor levels of delivery, as consent already exists for more than 400,000 units that have …

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Planning And Environment Update: Renewable energy: where are we now?

Are there still opportunities for property owners who want to generate their own renewable energy to take advantage of government incentives? Angus Evers and Juliet Munn investigate ‘FITs are a key tool to assist in achieving the 80% reduction in carbon emissions by 2050 that is required by the Climate Change Act 2008.’Since April 2010, …

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