December 2022/January 2023 #403 – Law Journals

Case update: Stoke-on-Trent City Council, the Home Office and asylum seekers

While conditions at Manston processing centre were grabbing headlines, less was said about the planning challenge brought by local councils wanting to prevent local hotels being used as temporary accommodation by asylum seekers. Saira Kabir Sheikh KC considers the case An injunction under s187B is a powerful and useful tool for a local planning authority. …

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Expiry of commercial leases: Should I stay or should I go?

In the third in the series of articles highlighting the differences and similarities between the laws of Scotland and England and Wales relating to real estate, Michael Ramsay and Sally Anthony look at differences in landlord and tenant law One of the areas where there is a significant difference between the jurisdictions in commercial leasing …

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Fire safety: The accountable person – are you ready?

Gemma Irving considers the new responsibilities created by the 2022 Act The accountable person will be any person or body which holds the legal estate in possession in any of the common parts, or is under a repairing obligation in relation to any part of the common parts. The Building Safety Act 2022 creates new …

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Detrimental reliance: An unwelcome development

Oliver Foy explains why the reasoning in Hudson v Hathway is both wrong and undesirable in the context of common intention constructive trusts Common intention on its own does not justify a trust. Something more is needed to obviate s53(1)(b) of the Law of Property Act 1925 and bestow the beneficiary with a beneficial interest. …

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Construction focus: Martlet Part 2 – causation and damages

Dan Cudlipp and Phoebe Jackson focus on the judge’s analysis and application of causation and remoteness, which provides helpful guidance to building owners in fire safety disputes It is questionable whether claimants outside of construction defect claims, building safety claims or even fire safety claims will be able to utilise Martlet. As frequent readers will …

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Planning update: The autumn statement and more

Fiona Sawyer provides a brief summary and analysis of the impact on planning reform of the Autumn Statement and the government’s subsequent announcements We’ve been told that the investment zones programme is not abandoned altogether, but will instead be ‘refocused’ to ‘catalyse a limited number of the highest potential knowledge-intensive growth clusters’ centred on universities …

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Planning permission: An end to ‘drop in’?

Victoria Tague and Nicola Gooch consider the implications of a recent Supreme Court judgment relating to subsequent permissions on a development with a pre-existing planning permission, including what this means for CIL The Supreme Court’s solution to the need to vary large multi-unit consents is to require a replacement application, covering the whole site, setting …

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