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Property Law Journal: 24 October 2011

An ongoing case relating to a claim for noise nuisance is likely to impact on future wind farms, as Jacqueline Cook finds out

Despite complying with conditions attached to planning permission for an onshore wind farm development, developers, landowners and operators may find themselves defending an action for nuisance if the noise from the wind turbines unreasonably interferes with the use of another’s land.

Hempsons

Simon Massey and James Atkins examine the purpose of the statutory compliance clause and its impact on the landlord and tenant relationship

All contemporary commercial leases ought to contain a statutory compliance clause obliging the tenant to comply with all statute, common law and other relevant codes of practice affecting the premises occupied.

Boyes Turner

John Starr reviews some recent guidance on the issue of bias in arbitration proceedings

It is a fundamental tenet of the English legal system that parties to legal proceedings are entitled to natural justice. That means the right to a fair hearing in front of a tribunal free from bias. Generally speaking, a person is barred from deciding any case in which they may be, or may fairly be suspected to be, biased. This principle embodies the basic concept of impartiality and applies to courts of law, tribunals, arbitrators and all those having the duty to act judicially. Lack of bias is necessary to maintain public confidence in the legal system. As Lord Denning put it in Metropolitan Properties v Lannon [1968]:

Nabarro LLP

The Court of Appeal recently held that a contract will only be corrected if there is an obvious error, as Camilla Askaroff writes

The recent case of Bashir v Ali & Khan [2011] considered the sale of a property by auction. The court held that the fact that a contract may give one party a good bargain, which neither side had anticipated, does not necessarily open up the possibility that the contract can be re-interpreted by the court.

Carl Dyer explains why the coalition government’s National Planning Policy Framework should be wholeheartedly welcomed

Our planning system does not work. It is not fit for purpose. This is not a secret; every practitioner involved in our planning system has known this for years. The system’s numerous deficiencies were systematically identified by Kate Barker in two reports prepared for the last government. Successive governments have done little more than rearrange the deckchairs on the Titanic. The result is cumbersome, slow, complicated (planning policy alone runs to over 1,000 conflicting pages) and obstructive.