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Dean Monk examines the case of Rossendale, a Court of Appeal decision approving steps taken by property owners to mitigate their business rates liability ‘While the Supreme Court was unanimous on the “evasion” principle, it was divided on whether the principle could be expanded in the future. The billing authorities sought to exploit this by …
Continue reading "Business rates: Relief for the owners of empty properties"
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Should a fencing covenant be treated as a fencing easement, which can bind successors in title? Joanne Wicks QC reports on a recent Court of Appeal judgment ‘The fencing easement is a most curious beast. In content it is like a positive covenant, requiring the obligor to take positive action and expend money on maintaining …
Continue reading "Fences and hedges: Old law in the modern world"
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John Starr reviews the first case to consider the slip rule introduced by the Housing Grants, Construction and Regeneration Act 2011 ‘The error the adjudicator made in incorrectly over-deducting for contra charges was the sort of error falling within the statutory slip rule.’ In the recent case of Axis M&E UK Ltd v Multiplex Construction …
Continue reading "Construction focus: The statutory slip rule"
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Does being overlooked amount to a private nuisance? Megan Davies considers a recent case involving the Tate Modern ‘Residents at the Neo Bankside development claimed that the public’s use of the Tate’s platform invaded their privacy and that they have a right to this being protected either pursuant to Art 8 of the European Convention …
Continue reading "Privacy and nuisance: A ground-breaking storm in a teacup?"
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The Supreme Court has clarified the meaning of a highway, with reference to legislative history, as Senay Nihat and Martin Thomas find out ‘The purpose of the Transfer Order was to put TfL in the position of the authorities so that whatever part of the vertical plane was owned by them at the operative date …
Continue reading "Highways: Digging deeper"
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A court has enforced the landlord’s repairing obligation relating to Beetham Tower, requiring it to find a permanent solution to failing glass panels, as Lucy Shepherd and Luke Holden discover ‘The question the court had to consider was whether the façade, with its temporary stitch plates in position, was in disrepair.’ At 47 storeys high, …
Continue reading "Repair: Enforcement by specific performance"
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Richard Bagwell explores the recent judgment of the Court of Appeal in TW Logistics Ltd v Essex County Council ‘Although registration as a TVG curtails any potential uses of the land by the owner, the owner is entitled to continue pre-existing activities as long as they do not interfere unduly with the recreational rights to …
Continue reading "Town and village greens: Registration of ports and foreshore"
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Mark Pawlowski takes a look at the doctrine of frustration as it applies to leases in the light of a recent ruling on whether Brexit frustrates a lease ‘Only if the event is so serious that it goes to the whole foundation of the lease, rendering the leasehold estate worthless or useless, will it amount …
Continue reading "Frustration of leases: A radical approach"
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John Starr reports on a decision clarifying how second adjudications work, as well as a number of tax changes in the offing ‘True value’ adjudications require payment ‘A party required to make immediate payment because of an adjudication decision based upon the contractual route will be entitled to commence and rely upon the results of …
Continue reading "Construction focus"
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John D Colahan and Anuj Ghai review the CMA’s recent guidance on land agreements ‘The CMA acknowledges that most land agreements will not infringe competition law and has acknowledged that there are many legitimate reasons why a business may seek to impose a limitation on the uses for land.’ Many UK businesses handle or operate …
Continue reading "Land agreements: Competition infringements considered"
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