Wed10182017

Last updateTue, 24 Feb 2015 5pm

Rosling King LLP

Rosling King LLP

Ann Ebberson highlights the importance of ascertaining rights of way and covenants before purchasing land for redevelopment

Acquiring land for development can be a bit of a legal minefield. To ensure that this is managed successfully it is important that the developer seeks all appropriate advice: not just from lawyers but also from all other appropriate advisers, including surveyors, valuers, planning advisers and architects, to ensure that every issue is considered from each adviser’s perspective. Examples are rights of light and planning conditions, and some few of the most frequent legal issues that arise are rights of way and positive and restrictive covenants.

Peter Lewis highlights the dangers to landlords of early break clauses when negotiating a renewal

With regard to rent valuation, decided cases demonstrate that it can be difficult to determine what impact certain clauses in leases will have when a lease is renewed. HHJ Mitchell, who gave judgment on Britel Fund Trustees Ltd v B&Q plc [2016], elected to give due regard to the nature of comparables. The implications were that the market value was significantly discounted.

Georgina Squire looks at recent cases on settlement

It is widely recognised that the vast majority of cases are resolved before they reach the court doors. In a post-Jackson world, with a greater push towards alternative dispute resolution and tighter controls on costs, parties are incentivised to explore settlement options at an earlier stage in litigation.

Georgina Squire investigates a recent decision dealing with relief from sanctions

The recent decision in Hockley v North Lincolnshire and Goole NHS Foundation Trust [2014] is an indication that the Mitchell regime (as tempered by Denton v TH White Ltd [2014]) is here to stay.