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John Starr reviews a case which highlights the importance of ensuring all documentation is in place and reflects the parties’ intentions ‘WTC said that Mr Roylance was engaged in his personal capacity; that the engagement related to the retaining wall itself; that he undertook an obligation to ensure that the retaining wall was fit for …
Continue reading "Construction focus: Clarity is key"
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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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What happens when a collateral warranty has expired? Aidan Steensma, Matthew Taylor and Marcus Barclay examine a recent TCC decision ‘The settlement of a claim made by the developer/landlord will not necessarily prevent a similar claim being made by the tenant under the terms of the warranty.’ A recent TCC decision has considered an innovative …
Continue reading "Repair: Defects claims in tenant-developer cases"
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Sanjay Davé reviews the implications of a recent Court of Appeal case ‘The Court of Appeal held that private nuisance claims, at their very core, concern the protection of the owner of land and their use and enjoyment of it, rather than protection of the market value of property.’ Japanese knotweed has blighted UK properties …
Continue reading "Japanese knotweed: Tangled in knots"
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Dr Justin Hill and William Dougherty provide an overview of a new technology ‘We can have laws and regulation built into the money or into particular transactions. It is possible for the currencies to pay their own taxes and automatically give discounts to people meeting certain criteria at the point of transaction.’ It can be …
Continue reading "Blockchain: An explanation of potential"
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Michele Vas addresses the lack of consistent guidance when it comes to implementing s203 ‘There is a lack of consistency between public bodies when seeking to utilise s203, albeit a more formalised approach is evolving through practise.’ It has now been two years since s203 of the Housing and Planning Act 2016 became operative, replacing …
Continue reading "Planning update: Section 203 as a regeneration tool?"
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Dreamvar has implications not only for conveyancers but for breach of trust claims. Claire-Marie Cornford and Sarah Smith explain ‘The Court of Appeal held that the purchase monies should have remained in the vendor’s solicitor’s client account pending either a genuine completion of the sale or further instructions from the purchaser’s solicitors.’ The recent case …
Continue reading "Dreamvar: Who bears the loss?"
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Jade Capper explores the rise and rise of the serviced office market ‘It will never be a case of “one size fits all” as every business will have different needs and requirements, but there are, generally speaking, common benefits and hindrances for SMEs and start-up companies when considering which type of space to take.’ The …
Continue reading "Landlord and tenant: Flexibility is king"
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Marcus Harling and Philip Kershaw consider how project bank accounts can be utilised to mitigate insolvency risks, harmonise relationships within the supply chain and deliver projects more efficiently ‘The balance of opinion is that if monies held in the PBA are in a properly constituted trust, and the employer or contractor becomes insolvent, the funds …
Continue reading "Construction contracts: Project bank accounts"
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Emer Murphy reviews a case involving a property joint venture agreement with a warning on the court’s stance on a failure to prepare in advance of a trial ‘This is a stark reminder to practitioners of the need to raise pleading objections, or risk losing them altogether. In an adversarial system, the court cannot be …
Continue reading "Case study: A reminder that preparation is the key to success"
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