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An ongoing case relating to a claim for noise nuisance is likely to impact on future wind farms, as Jacqueline Cook finds out ‘Good intentions and acting in the public interest are no bar to an action for nuisance. Although he might be doing so in the public interest, a person committing a nuisance may …
Continue reading "Wind Farms And Noise Nuisance: Another chink in the armour?"
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Carl Dyer explains why the coalition government’s National Planning Policy Framework should be wholeheartedly welcomed ‘The coalition government’s 56-page National Planning Policy Framework is the best attempt at reform of planning policy proposed for the past 30 years.’Our planning system does not work. It is not fit for purpose. This is not a secret; every …
Continue reading "Opinion: It’s broken. Fix it. Please."
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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"
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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"
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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"
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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"
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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"
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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?"
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John Starr reviews a case highlighting the potential for liability both under contract and statute when problems surface in a development ‘The Shepherd Homes case came to trial in mid-2007 on the issues of liability, causation of damage and entitlement to contractual indemnity.’Residential developers have unavoidable contractual and statutory liabilities to homeowners. Not only will …
Continue reading "Construction Focus: Beware the cracks"
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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"
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