This category can only be viewed by members.
John Starr reviews some recent guidance on the issue of bias in arbitration proceedings ‘The common law test of bias assumes the existence of an impartial observer, a bit like “the reasonable man” in cases of negligence or “the man on the Clapham omnibus” – someone to help with a problem that requires to be …
Continue reading "Construction Focus: Justifiable doubts and the fair-minded observer"
This post is only available to members.
The Court of Appeal recently held that a contract will only be corrected if there is an obvious error, as Camilla Askaroff writes ‘The facts in Bashir [2011] were unusual: neither party had inspected the property before the sale. The property was sold at auction. The seller was an executor and the buyer was an …
Continue reading "Sale By Auction: Room for mistake"
This post is only available to members.
Michael Higgin considers the implications of a case that has found plasterwork applied to walls and ceilings to be structural ‘The introduction of modern building techniques means that we should be cautious to extrapolate anything rigidly from the legal analysis of traditional methods of construction, but should also weigh up the circumstances.’The recent case of …
Continue reading "Leases: Plasterwork is part of the structure"
This post is only available to members.
Heath Marshall provides an update of the extent to which the Regulations are relevant to land agreements ‘The Regulations relate to contracts between a seller or supplier, and a consumer for the supply of goods or services, and deal with contractual terms that are deemed to be “unfair” by virtue of the Regulations.’In my previous …
Continue reading "Unfair Terms In Consumer Contracts Regulations 1999: Where are we now?"
This post is only available to members.
Kathleen Fitzgerald and Victoria Leam assess who ultimately pays for damage caused by civil unrest ‘Proprietors may find that, as a result of the riot, they are unable to restore their property due to being under-insured or not insured at all. In such cases there may be scope to revert to an application for compensation …
Continue reading "Civil Unrest: Reading the Riot Act"
This post is only available to members.
Bryan Johnston analyses a judgment with implications for valuers, investors and funders ‘It is one of the first big commercial valuation negligence cases since the downturn. The question then is whether it represents a one-off or whether it is the start of a professional negligence trend.’ The High Court has handed down judgment in Capita …
Continue reading "Valuation And Professional Negligence: Overstating the case"
This post is only available to members.
Shanna Smith reviews two Court of Appeal decisions which appear to have put another nail in the coffin of such schemes ‘Many tenants devised their own ways to protect their financial position, including failing to pay their final month’s rent thereby forcing the landlord to use the deposit to make up the shortfall.’Picture the scenario: …
Continue reading "Landlord And Tenant Update: Tenancy deposit schemes"
This post is only available to members.
Amanda Gourlay discusses a case that brings some clarity to an opaque issue ‘The key distinction between the “old” and “new” s81 is the requirement for a “final determination” of the amount of service charge payable.’Section 81 of the Housing Act 1996 prevents a landlord from exercising a right to forfeit on the grounds of …
Continue reading "Service Charges And S81 Housing Act 1996: Default judgments and final determinations"
This post is only available to members.
Sarah Youren discusses the planning aspects of the current review of rights to light legislation as well as other developments in the area Review of rights to light legislationHeaney (HXRUK II (CHC) Ltd v Heaney) [2010]The Law Commission has announced that it is to conduct a review of the legislation relating to rights to light. …
Continue reading "Planning And Environment Focus: Planning and environment focus"
This post is only available to members.
Nicholas Wood considers the interaction between s241 of the TCPA and the Commons Registration Act 2006 ‘The decision in Barratt has given clarity to land developers in the context of considering the viability of schemes where common land may be involved.’Residential developer Barratt Homes recently succeeded in quashing attempts by a local action group to …
Continue reading "Village Greens: Common land redevelopment"
This post is only available to members.
