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Nicola Gooch considers how and if a mistaken planning decision can be rectified Local planning authorities simply do not have the legal power to unilaterally reverse a planning decision once it has been issued. Planning has had rather a torrid time in the press over the last few weeks. On 8 September, the Daily Mail …
Continue reading "Planning decisions: A ‘proper whack’ mistake"
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David Nuttall considers the High Court decision in Gibson v New and its potential consequences All taken together, it seems clear that Neilson v Poole is an authority for a boundary agreement being proprietary in nature, and binding on successors. In the recent High Court appeal of Gibson v New [2021], Murray J held that …
Continue reading "Boundary agreements: Fuzzy and uncertain"
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Clive Adams and Stathis Kosteletos consider a case where an index-linked rent review clause led to the rent increasing exponentially throughout the term of the lease When drafting agreements with clauses that are complex and do have mathematical elements to them, it is important to consider the wording of the agreement to ensure that they …
Continue reading "Case study: Rent reviews"
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Mark Pawlowski considers whether bad behaviour on the part of an estoppel claimant will deny or modify equitable relief Unconscionability is an overarching element operating in proprietary estoppel claims. Although a proprietary estoppel claim will fail unless the claimant is able to establish the three essential elements of assurance, reliance and detriment, it is evident …
Continue reading "Estoppel claims: Unconscionable behaviour"
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Proving that a contract is frustrated is never an easy task. The chances of success are dependent upon the facts of the particular matter, but assistance can be found in the case law, as Jennie Jones and Thomas Booth find out The primary way of recovering monies as a result of frustration is pursuant to …
Continue reading "Frustration: When can a construction contract be frustrated?"
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Jon Rowling explains why a new, greener approach to dilapidations needs to become a priority now As a dilapidations surveyor ‘on the ground’, over the years I have seen a great variety of building types, scopes of claim, approaches from the parties and different attempts at settlement. Across all of these variables there is one …
Continue reading "Dilapidations: How on earth do we get to zero carbon?"
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Keith Conway reviews the current state of play in relation to Covid-related commercial rent arrears following a recent judgment Master Dagnall found that there was no such thing as a ‘temporary frustration’ in law which could lead to a suspension of contractual obligations for a period of time only. After many commercial tenants were forced …
Continue reading "Remedies for Covid-19 arrears: The likely direction of travel"
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What happens to an employer’s rights to liquidated damages for delay when a building contract is terminated before practical completion of the works has been achieved? Dan Cudlipp and Candice Johnson discuss a case that made it to the Supreme Court The consequence of the Supreme Court’s considerations was that while penalties remain outlawed, that …
Continue reading "Construction focus: Delay damages and termination – order is restored"
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Sukhninder Panesar explores a recent decision, which revisits the threshold required to be in actual occupation In relation to where an owner of land authorises a caretaker to look after the land, the question is whether a caretaker can be in occupation of the land on behalf of the owner? It is trite law that …
Continue reading "Overriding interests: Caretaking in context"
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There are issues involving the Party Wall etc. Act 1996 when it comes to airspace development, some of which are not always clear to developers. Edward John explains how problems arise, picks apart some of the tricky situations that developers are likely to encounter and offers a few tips for dealing with them Developers need …
Continue reading "Party walls: Airspace developments"
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