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John Starr examines a TCC case where the court took a surprising stance as to who was responsible for ground conditions ‘The Technology and Construction Court decided that what at first appeared to be a transfer of risk to the sub-contractor did not in fact prevent claims for extensions of time and loss and expense …
Continue reading "Construction focus: Going underground"
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Natasha Rees reviews the most important enfranchisement cases of 2018 ‘The case confirms that there is no general proposition that a landlord can refuse consent to assign, alter or change the use of premises on the grounds that it might lead to enfranchisement and loss of the landlord’s interest.’ The government has been busy pursuing …
Continue reading "Enfranchisement: Room for reform"
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Joanne Wicks QC reports on S Franses Ltd v The Cavendish Hotel (London) Ltd ‘It is established law that to succeed on ground (f) a landlord must show that it has a genuine, firm and settled intention to carry out the relevant works and that it has a reasonable prospect of being able to do …
Continue reading "Landlord and tenant: The best of intentions"
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The Court of Appeal has considered whether the Secretary of State is required to give reasons for deciding not to ‘call in’ a planning application. Ralph Kellas considers the court’s findings and its implications ‘Lewison LJ deemed it an important question whether the SoS is required to give reasons for his decision whether or not …
Continue reading "Planning update: A legitimate expectation to what, exactly?"
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A landlord should consider the longer term goals when a tenant falls into arrears, as Helena Davies finds out ‘Sometimes the potential outcomes of exercising a certain remedy are counterproductive to the overall aim of the landlord.’ When a tenant falls into arrears of rent, a landlord has the choice of a number of available …
Continue reading "The right to forfeit: Choose your remedy with care"
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Do ATMs amount to hereditaments for the purposes of business rates? A recent decision may provide good news to retailers and ATM operators, as Bryan Johnston and Ross Wilson discover ‘While the listing of an individual ATM may not be in the grand scheme significant, when the actual number of ATMs affected is considered, the …
Continue reading "Business rates: A welcome relief"
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John Starr reports on a construction case where the court reviewed an exclusion clause that sought to exclude all liability ‘It was clear to the court that contractors in the fire-suppression business routinely seek to limit or exclude their liability for losses which might occur a long time after their work is done, and in …
Continue reading "Construction focus: A stringent limitation of liability"
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Mark Pawlowski examines the remedies available to an undue influence claimant under English law ‘Considerable doubt remains as to whether equitable compensation is available in every case of undue influence or only those in which there is an equivalent fiduciary relationship of, say, solicitor and client or trustee and beneficiary.’ The effect of a finding …
Continue reading "Undue influence claims: What remedies?"
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Kathryn Copeland reviews the key developments in commercial landlord and tenant law in 2018 ‘The increase in CVAs has begun to cause a landlord backlash, most notably with House of Fraser’s landlords banding together to oppose the proposed CVA on the grounds of “unfair prejudice” and “material irregularity”.’ Spotlight on CVAs This year saw an …
Continue reading "Landlord and tenant: A roundup of 2018"
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Nerissa Hatcher considers the lessons that can be learned from a recent decision concerning assignment of a number of underleases ‘In the Court of Appeal, the point in question was whether WIQ had lawfully refused consent on a mixture of reasonable and unreasonable grounds.’ A provision in a lease preventing the tenant from assigning without …
Continue reading "Consent to assign: Do two rights make a wrong?"
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