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What does the Supreme Court’s ruling on business interruption insurance mean for landlords and tenants? Stephanie Reeves investigates Given the current level of confirmed cases, it is thought that most policyholders with relevant disease clauses should be able to show that Covid-19 has occurred within the required distance and, as a result, they should be …
Continue reading "Business interruption insurance: What now for landlords and tenants?"
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Heather Corben considers recently introduced changes to VAT payments HMRC believes that, in a significant proportion of cases, VAT which is paid over to builders is not properly accounted for and is being lost in the system Significant changes are being made to the way VAT has to be accounted for in the construction industry. …
Continue reading "Construction focus: VAT reverse charge on construction services"
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Sophie Henwood and Navpreet Atwal consider the increasing use of drones by surveyors and estate agents Drones raise a number of liability issues such as mid-air collisions, along with damage to property and people on the ground. Estate agents and surveyors will need to work alongside their insurers to safeguard against these liability concerns. ‘Real …
Continue reading "Drones: A boon or bane to property?"
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Matthew White and Fiona Sawyer consider the implications of the proposed new residential permitted development right for change of use from Use Class E, and the impact of proposed changes to Article 4 directions The new PD right will be available to a large percentage of properties in commercial, business and service use in town …
Continue reading "Supporting housing delivery: From Use Class E to residential"
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With the pandemic forcing communities to rethink their need for public spaces and repurposed buildings, Peter Kershaw considers the competing theories underpinning urban regeneration and the role of planning committees and public engagement The left and radical proponents clearly see one key aim of contemporary regeneration as being the need to reduce the old and …
Continue reading "Urban regeneration: Calm before the storm – the post-pandemic urban renaissance"
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The hospitality sector is having to adapt to an ever-evolving regulatory regime in light of the Covid-19 pandemic. Jennifer Ayris and Claire Petricca-Riding highlight some of the issues that arise It is hoped that the increased use of the High Street Futures Fund may see more local authorities being flexible in the use of public …
Continue reading "Hospitality and Covid-19: New planning considerations"
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As business goes on (albeit not necessarily ‘as usual’), Claire Acklam reports on key cases from 2020 which are likely to be of interest or assistance to developers Parties and practitioners must note that execution of a deed will only be valid if the finalised version is circulated before signature. If any late amendments are …
Continue reading "Development round-up 2020: Key decisions despite Covid chaos"
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The recent case of Fishbourne v Stephens demonstrates that conditional option agreements, while a useful development tool, can cause a whole raft of issues if poorly drafted. Julian Greenhill QC, Danny Revitt and George Cohen consider its implications The Court of Appeal concluded that an interpretation that enabled the option-holder to trigger the option with …
Continue reading "Case study: A salutary lesson"
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Emily Holdstock explains why standard forms are so often amended, through the lens of a developer client It is vital that property lawyers and construction lawyers work closely together to ensure that the developer’s position is protected in so far as possible. Building contracts come in many forms. From the JCT to the NEC to …
Continue reading "Construction focus: Amendments to standard forms"
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Mark Pawlowski considers the extent to which the doctrine of frustration may operate to terminate rights in land In summary, it can be said that the English courts are prepared to admit that the doctrine of frustration applies to the sale of land. However, the actual circumstances in which the doctrine will actually be held …
Continue reading "Frustration: The extent of its applicability"
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