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Last updateTue, 24 Feb 2015 5pm

Property Law Journal: June 2017
Forsters LLP

Jamie Swan provides a practical guide to safeguarding construction contracts after Brexit

Since the referendum of June 2016 called for an end to the UK’s membership of the EU, questions as to how so-called ‘Brexit’ will affect the construction sector have been raised and speculation rife. Now that Article 50 has been triggered and the negotiation period has commenced, we are still none the wiser as to what an ex-EU UK will look like. While nothing is certain at this stage we can however start to consider the potential implications that a move away from EU legislation and regulations will have on the construction industry.

Paul Stafford examines the consequences of the Act for landowners, including the significant loss of common law rights

The Infrastructure Act 2015 (the Act) came into force in the closing weeks of the coalition government. The scope of the Act was broad and included transport, housing development and nationally significant infrastructure projects. Towards the end of the long title appeared the words:

Caroline Green and David Harris discuss the effectiveness of non-reliance clauses and the liability of trustees when a contract is disputed

The case of First Tower Trustees Ltd v CDS (Superstores International) Ltd [2017] arose out of a misleading reply given to a pre-contract enquiry and, in reaching his conclusion, Mr Michael Brindle QC had to tackle a variety of issues of general interest in the conveyancing process. Among other things, he had to consider:

Can a notice of intention to appoint an administrator be filed without any administrator being appointed? Joe Walker investigates the outcome for landlords

When a commercial tenant becomes insolvent, the landlord’s ability to exercise its usual enforcement options depends upon the type of insolvency procedure to which the tenant is subject and the stage that procedure has reached.

Joanne Wicks QC weighs up the best approach to take when pre-contract enquiries are found wanting

Greenridge Luton One Ltd v Kempton Investments Ltd [2016] is a quietly interesting case. It does not trumpet out new legal principle or noisily trample accepted wisdom, but it nevertheless provides some useful lessons for practitioners, both transactional lawyers and litigators, and some warnings for buyers and sellers of property too.

John Starr

As a professional the offer of gratis services should be made with care. John Starr explains

About a year ago, I wrote about a case that had made it to the Technology and Construction Court on the question of whether a professional could owe a duty of care in the provision of services even where there was no contract in existence and no payment had been made.

Dentons

Janine Shaw highlights current issues with planning urban extensions

Steps are being taken to address the housing crisis. On 2 January 2017 the government announced support for 14 new garden villages and three new garden towns. More may follow this year. Many emerging and adopted local plans are allocating substantial residential-led schemes, frequently as urban extensions.