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Ellen La considers the Court of Appeal’s decision on privacy rights in the UK ‘The claimants in Fearn asserted that privacy rights arose under the HRA 1998 in respect of their rights to a private and family life and that Tate Gallery was a “hybrid” public authority that was in breach of s6 of the …
Continue reading "Private nuisance: Overlooking your privacy"
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Miri Stickland and Connor Morrison examine two recent cases in which the interplay between technology and ss1 and 2 of the 1989 Act is considered directly by the courts ‘While Yuen may not constitute binding authority, it does provide useful judicial direction on an important point on which there was previously no authority at all.’ …
Continue reading "The tech revolution: Can the law keep up with the pace of change?"
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Michael Craik outlines a case relating to the interpretation of a new home ten-year insurance policy ‘While the outcome of this case was dependent on the wording of the Zurich policy, such ten-year insurance-backed warranties are common (if not a requirement) in new-build developments.’ Manchikalapati v Zurich Insurance plc (t/a Zurich Building Guarantee and Zurich …
Continue reading "New home insurance: Mind the cap"
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Mark Pawlowski looks at the case law on the ownership of objects found on or in land ‘Where an object is found attached to realty (ie, land or buildings), the finder (who is not a trespasser) will have some rights but the occupier of the land (or building) will have a superior title.’ The general …
Continue reading "Lost or abandoned objects: Finders keepers?"
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Peter Kershaw explores the importance of carefully considered engagement with local communities and stakeholders before and after submission of a planning application ‘The participation route has a range of benefits including tapping into local knowledge at an early stage and also helping to create a scheme that will be better attuned to local community needs.’ …
Continue reading "Planning applications: The fundamental role of proper engagement"
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What are the issues to be addressed when preparing a site for sale? Helen Ryan provides practical guidance ‘If the development site is accessed over land owned by a third party, check the physical extent of the access and also the wording. The ideal position is for your land to have a right of access …
Continue reading "Development sites: Getting ready for sale"
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In the second of two articles John Starr reports on some of the most important construction decisions reached over the last 18 months ‘Anchor highlights the fact that the courts are generally willing to find that a binding contract has come into existence even when its terms have not been signed.’ Part 2 of our …
Continue reading "Construction focus: A year in construction cases: part 2"
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Kathryn Hampton reviews ten expected planning changes due to take place this year ‘It is hoped that a standardised, government-backed model will encourage confidence in the shared ownership product and secure better mortgage deals for purchasers.’ A barrage of planning changes is about to hit the development sector, which are examined in further depth below. …
Continue reading "2020 in planning: What’s next in the planning pipeline?"
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Joe Edwards and Will Leney report on a case relating to mortgage enforceability and secret commissions ‘In this case, the court determined that the payments to UKFMS were fully secret commissions as Mrs Wood had not received written notice of the amounts in accordance with the broker’s terms and conditions.’ On 5 November 2019, the …
Continue reading "Mortgages: Assessing secret commissions"
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Ralph Kellas summarises a recent Supreme Court case concerning an onshore community wind turbine and considers the state of the law in light of it ‘It does not follow from the court’s judgment that a community fund can never be a material consideration. Clearly, it will depend on particular circumstances.’ In November 2019, the Supreme …
Continue reading "Planning update: The boundaries of materiality"
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