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Property Law Journal: 10 September 2012

Paul Tonkin summarises some recent case law

Andrew Plunkett reviews two recent cases that consider to what extent a party can be found liable for tree root damage

The recent decision in Robbins v LB Bexley [2012], together with the Court of Appeal decision in Berent v Family Mosaic Housing [2012] in July this year, offer a useful analysis of the relevant authorities in relation to ‘reasonably foreseeable’ damage.

Nabarro LLP

Morgan Bowen, Nishi Gandesha, and Emma Lloyd discuss process and procedure

Recent years have seen the use, by large retailers who are in financial difficulty, of the company voluntary arrangement (CVA) procedure to restructure their debts. High-profile retailers that have used the procedure include Blacks Leisure, JJB Sports and Focus (DIY).

John Starr

John Starr analyses the Court of Appeal’s approach to mediation and a new Court-run scheme

For some years now, the Court of Appeal has been waging war on those who refuse to mediate. Two recent Court of Appeal cases demonstrate its continuing strong commitment to mediation. For the first time being, albeit as a pilot, some Court of Appeal cases will automatically be recommended for mediation before the appeal is heard.


Roy Pinnock considers the backdrop to the Review and whether its recommendations can achieve the goal of mobilising institutional investment in volume homebuilding

This summer has seen a drive for consensus on how to tackle viability in planning, with the publication of RICS and Local Housing Delivery Group guidance. The government is also consulting on the relaxation of planning requirements to stimulate economic activity. In the midst of all this, the Montague Review has reported on how best to promote institutional investment in the Private Rented Sector (PRS) through direct funding of new development for long-term rent – ‘Build to Let’.

Emma Humphreys outlines the Law Commission’s Consultation Paper on proposed changes to the Code and urges property owners and occupiers to get involved in the consultation process

All property owners and occupiers are potentially affected by the rights and protection conferred by the current provisions of the Electronic Communications Code on those who provide electronic communications services/networks. The Law Commission has published its Consultation Paper regarding possible changes to the Code. This is therefore an opportunity for those with property interests to report to the Law Commission on problems encountered in dealing with Code operators, as well as putting forward suggestions for improvements to the current regime.