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John Starr reviews two recent cases providing some clarity to the wording of s1 of the Defective Premises Act ‘The Defective Premises Act imposes a duty not only on the builder, but also on anyone taking on work in connection with a dwelling to ensure that it will be fit for habitation.’If a builder builds …
Continue reading "Construction Focus: Something old, something new…"
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Laurie Heller provides a reminder of the equitable doctrine and its application in practice ‘Subrogation is a remedy to which the claimant establishes his entitlement, and which is in appropriate form in the circumstances of the claim.’The doctrine of subrogation, so useful in its application, appears in a variety of contexts where it answers the …
Continue reading "Subrogation: A patchwork quilt"
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Richard Bartle and Keith Shaw discuss how developers are restrained by the restrictive covenants that burden their land, with reference to recent case law and possible future developments ‘The courts have historically attempted to take a firm line with those who breach a restrictive covenant in full knowledge of its existence, particularly after the party …
Continue reading "Restrictive Covenants: Not in my back yard!"
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Jon Bola considers when a contractual condition may be waived in light of recent case law “’If it is not obvious on the face of the contract that the stipulation is for the exclusive benefit of the party seeking to eliminate it, then in my opinion it cannot be struck out unilaterally” [per Brightman J …
Continue reading "Contractual Conditions: Whose condition is it anyway?"
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Ian Trehearne comments on the Bill and what it means for the future of planning ‘The recent Cala Homes cases highlight confusion about the abolition of regional strategies and the need for co-ordination between authorities.’The Localism Bill, which is now going through Parliament, has been highlighted by the government as a driver of housing supply …
Continue reading "Planning: Localism and the new economy"
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With HMRC’s attentions focused on sub-sale arrangements, Lee Nuttall reviews the findings of the recent decision DV3 ‘SDLT is a modernised form of stamp duty, but also borrowed heavily from stamp duty concepts. It attempted to counter some of the more blatant planning found in stamp duty (for example, “resting on contract” schemes).’Stamp duty land …
Continue reading "SDLT: Sub-sales in the spotlight"
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Gemma Mills and Nick Lloyd discuss the court’s discretion to award damages in lieu of injunctive relief ‘In Heaney, the neighbouring owner was not criticised, nor prevented from obtaining an injunction, for failing to issue proceedings at an earlier stage.’In HKRUK II (CHC) Ltd v Marcus Alexander Heaney [2010], the Chancery Division: dismissed a developer’s …
Continue reading "Rights Of Light: Heaney revisited"
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Jonathan Cohen looks at the impact of EU legislation providing tenants with the ability to get a better deal on electricity ‘Once transposed into UK law, the new rules will apply to all situations where landlords own multi-let buildings or divided estates and they bulk-buy and pass on the cost of electricity (no matter the …
Continue reading "Electricity Metering: Ticking time bomb under multi-lets"
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The implementation of the Jackson reforms, as announced by Kenneth Clarke on 20 March 2011, sees a return to the way litigation was funded 15 years ago, as Glenn Newberry finds out ‘For those who missed the CFA revolution: it’s gone, you’ve missed it. For those who’ve made their fortunes out of it, it seems …
Continue reading "Costs: A ‘claims culture’"
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Laurie Heller provides a review of the Act in the context of recent case law ‘The Act is concerned with the requirements to regulate how a construction project is to be carried out so that the property of the adjoining land owner is protected.’The recent decision in Kaye v Lawrence [2010] corrects a misunderstood issue …
Continue reading "Party Walls Etc Act: Rights of support"
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