Last updateTue, 24 Feb 2015 5pm

Property Law Journal: 7 March 2011

Michael Smith reports on a recent high court decision concerning the complex issue of triggering events for overage payments

Renewal Leeds Ltd v Lowry Properties Ltd [2010] concerned a conditional contract entered into by Renewal Leeds Ltd in October 2004 for the sale to Lowry Properties Ltd of freehold land at Wyther Park Hill, Leeds. It was anticipated that Lowry would carry out a residential development on this land once an appropriate planning permission had been obtained.

Sarah Youren reviews a case that highlights the planning issues raised by protected species, and updates on the Cala Homes saga

The Habitats Regulations (the Regulations) can prove somewhat of a headache for all those who get involved with them. The hardest thing is working out what needs to be done when, and by whom. It sounds simple enough, but throw into the mix the fact that you can only carry out surveys for certain species at certain times of year, and the process becomes that much harder for all involved if you suspect that there may be a protected species on a potential development site, for example, great crested newts, bats or badgers.

Forsters LLP

Rosalind Cullis assesses in what circumstances third party professional fees are recoverable

Particularly in the current economic climate, dilapidations claims can become costly affairs as both landlords and tenants, with an eye on tight budgets, fight to protect their respective positions. In contentious cases, where legal arguments can be complex, attention inevitably focuses on the disrepair issues forming the basis of the dispute and/or the interpretation of relevant lease covenants.

Ron Reid clarifies the key elements of the Act, and whether the delay in its introduction should mean a delay in compliance for commercial organisations

The Bribery Act 2010, which is described as the toughest anti-corruption measures in the world and is due to come into force in April, has been delayed. The Act will now come into force later in the year.

Tracy Marshall assesses the impact of adverse weather on construction projects and completed buildings

Unusually heavy snowfall has undoubtedly been a source of chaos and disruption across the country in recent months. The impact has also been plain to see on construction sites, with contractors downing tools, and on existing buildings, with roofs and guttering giving way under the weight of the snow. But who should bear the cost of the damage and delay? The answer depends to a certain extent on the underlying contracts.


Are concurrent liabilities a thing of the past for contractors? Alexandra Anderson looks at a recent case dealing with the issue

Every contractor knows that, when they enter into a contract with a client, they owe that client a duty to perform the works agreed in the contract with reasonable care and skill. Until last month, it was less clear whether that contractor would also owe their client a duty of care in tort to prevent that client from suffering economic loss. Since 18 January 2011, it would appear that, if the contractor is simply building the property, the answer to this question is ‘no, they will not’. If, however, they also design the property, then the answer is ‘possibly, yes’.

With recent news of significant numbers of borrowers breaching their secured loan covenants, should surveyors and valuers be bracing themselves for a further surge of professional negligence claims? Neil Jamieson and Tom White investigate

Surveyors and their insurers have already seen an increase in the volume of PI claims following the economic downturn. The fact that surveyors and valuers have to maintain a minimum level of professional indemnity insurance cover means that they are often viewed as softer targets with deep pockets. The collapse in the property market, both residential and commercial, exposed a variety of transgressions, and it seems likely that surveyors, valuers and their insurers may not be out of the woods yet.