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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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The updated guidance accompanying the Bribery Act was issued at the end of March. Ron Reid assesses whether it has adequately dealt with the complaints that arose out of the initial guidance ‘Facilitation payments have been relaxed somewhat, with the government approach now being that eradication of such payments will be a long-term goal requiring …
Continue reading "Bribery Act 2010: Guidance issued"
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John Starr considers the appeal decision in the OFT bid rigging saga and assesses the necessity for an expert witness in a professional negligence claim ‘Prior to the OFT’s decision, cover pricing was seen by many in the construction industry as a longstanding, widespread and acceptable practice.’The Competition Appeals Tribunal (CAT) has ordered significant reductions …
Continue reading "Construction Focus: A CAT amongst the pigeons"
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Dellah Gilbert examines the practical implications of a recent judgment on break notices ‘Check the terms of the break clause carefully. Comply with any specified requirements precisely, for example addressing the notice to the landlord and sending a copy to an agent.’ There has been a flurry of cases over the last year or so …
Continue reading "Landlord And Tenant Update: Waiving and drowning"
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With an increasing number of vacant shops presenting problems for landlords, Lisa-Marie Smith looks at the key terms and advantages of ‘Meanwhile Leases’ ‘The Meanwhile Scheme is an initiative of the previous government to encourage the temporary occupation of vacant units for non-commercial purposes, which in turn reduces the landlord’s liability for empty rates.’The number …
Continue reading "Meanwhile Leases: Minimising overheads on empty units"
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Alexandra Anderson reviews the judgment in Jones v Kaney, and its implications for professional experts and their insurers ‘It was common ground that, if the immunity was to be effective, it must apply to views expressed not only in court, but in contemplation of, or at least preparation for, possible court proceedings.’Last week the Supreme …
Continue reading "Expert Witnesses: The Supreme Court abolishes immunity"
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Shelagh McKibbin discusses the coalition government’s flagship Green Deal scheme and asks what this means for commercial property ‘As a result of the Green Deal charges, energy bills could be higher than for comparable property where no efficiency measures have been performed. This could affect the landlord’s ability to re-let the property as well as …
Continue reading "Green Deal: What’s the big deal?"
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Sarah Youren reviews proposals for change to the Statutory Guidance accompanying the contaminated land regime, as well as proposed changes requiring public consultation on future development The Coalition Agreement promises a radical reform of the planning system to give people more ability to determine the shape of the places in which they live. Many of …
Continue reading "Planning And Environment Focus: Planning applications: proposed changes to the consultation requirement"
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Sarah Youren reviews proposals for change to the Statutory Guidance accompanying the contaminated land regime, as well as proposed changes requiring public consultation on future development The contaminated land regime was brought into effect in England on 1 April 2000. It applies to all land, whether residential, commercial, industrial or agricultural. It can affect owners, …
Continue reading "Planning And Environment Focus: Potential changes to the contaminated land regime"
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Clare Fielding examines how the government is proposing to deliver infrastructure in a localist world ‘Some people are sceptical about localism. Some even argue that growth is incompatible with localism. But my answer is – was centralisation such a great success?’ (Eric Pickles, secretary of state for Communities and Local Government, CBI annual dinner 21 …
Continue reading "Infrastructure: Mind the gap"
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