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Property Law Journal: 14 May 2012

Angus Evers and Juliet Munn consider whether planning permissions and environmental permits can provide an effective defence to a nuisance claim

Two recent cases have provided some clarity on the defence provided by environmental permits and planning permissions to private nuisance claims, and on the interaction between the common law and the environmental permitting regime as well as between the common law and the planning regime.

Nabarro LLP

Martin Evans and Katherine Frankham discuss the key points arising from the UK Supreme Court decision in Tesco v Dundee

It is well established that, when determining planning applications, planning authorities must proceed upon a proper understanding of the development plan. But is it for the planning authority, or for the courts, to decide what amounts to a ‘proper understanding’?

John Adams outlines the implications of SuDS on the development process

The government has proposed that the provisions of Schedule 3 of the Flood and Water Management Act 2010 come into force on 1 October 2012. This will require the inclusion of sustainable drainage as part of any development.

Hannah Harries explores the availability of default or summary judgment to claimant landlords and tenants in the context of ‘opposed’ claims

A default judgment can present a means of avoiding the costs and delay of a full-blown court timetable. From a landlord’s perspective, it might also present an opportunity to take back possession of premises earlier than he otherwise would, if the case was proceeding along a conventional pre-trial timetable.

John Starr

John Starr reviews cases concerning an obligation to act in good faith, and a negligence claim averted

Nabarro LLP

With a growing number of entities looking to buying loan portfolios, Michael Delaney provides a guide for those interested in buying such debt

There are commercial opportunities in buying real estate debt from banks at a discount and unlocking the value in the properties that secure these loans. This has prompted a considerable number of bidders who are interested in buying loan portfolios as evidenced by the recent RBS and Lloyds Banking Group sales.

Recent case law highlights the growing number of claims being brought by lenders against valuers in the downturn. Peter Levaggi investigates

The volatile property development sector has led to increased pressure on surveyors. The problem arises in relation to the valuation of distressed property where there are: