December 2015/January 2016 #337 – Law Journals

The Law On Penalties: Where are we now?

Natalie Appleby considers the position on penalties after the recent Supreme Court ruling in Cavendish and ParkingEye ‘The Supreme Court considered the development of the doctrine over time and declared that Lord Dunedin’s four tests from Dunlop have been taken out of context and applied too rigidly as a “quasi-statutory code”.’ Just over a century …

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Construction Focus

John Starr provides a case update on adjudication and the issues that can arise when a project goes wrong and a claim is brought against a construction professional ‘The judge said that the clause [in STFC] simply had to comply with the Act, not the Scheme. Using the analogy of a train timetable, it simply …

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Professional Negligence: Valuable lessons

Alexandra Anderson examines the decision in Titan v Colliers relating to an SPV which sought to bring a claim against a valuer ‘The judge’s analysis was based on the conclusion that the contractual structure agreed between the noteholders and Titan in the securitisation documents allocated the bringing of any claim to Titan.’On 3 November 2015, …

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Land Registration: Is the gap widening?

Thomas Armstrong highlights the problems posed by the registration gap, as well as some practical ways to alleviate them ‘The right of a landlord to forfeit arises when a tenant is in breach of covenant, eg has failed to pay rent. However, in circumstances where either the landlord or tenant is not yet the registered …

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Administrators: Are you sitting comfortably?

David Marsden assesses a recent High Court case concerning financial prejudice suffered by administrators and forfeiture ‘Even if some prejudice is suffered by the administrators, it may not be enough to impede the purpose of the administration.’ The recent case of Lazari Investments Ltd v Saville [2015] states for the first time that financial prejudice …

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Planning Update: 2015 in perspective

Anna Cartledge reviews some of the planning changes introduced this year ‘Policies have been geared towards pushing up the numbers of homes being built year on year, with 2015’s Housing and Planning Bill containing provisions designed to streamline and speed up the existing planning policy processes.’While the landslide result of 2015’s general election may have …

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