December 2018/January 2019 #367 – Law Journals

Planning update: A legitimate expectation to what, exactly?

The Court of Appeal has considered whether the Secretary of State is required to give reasons for deciding not to ‘call in’ a planning application. Ralph Kellas considers the court’s findings and its implications ‘Lewison LJ deemed it an important question whether the SoS is required to give reasons for his decision whether or not …

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The right to forfeit: Choose your remedy with care

A landlord should consider the longer term goals when a tenant falls into arrears, as Helena Davies finds out ‘Sometimes the potential outcomes of exercising a certain remedy are counterproductive to the overall aim of the landlord.’ When a tenant falls into arrears of rent, a landlord has the choice of a number of available …

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Business rates: A welcome relief

Do ATMs amount to hereditaments for the purposes of business rates? A recent decision may provide good news to retailers and ATM operators, as Bryan Johnston and Ross Wilson discover ‘While the listing of an individual ATM may not be in the grand scheme significant, when the actual number of ATMs affected is considered, the …

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Construction focus: A stringent limitation of liability

John Starr reports on a construction case where the court reviewed an exclusion clause that sought to exclude all liability ‘It was clear to the court that contractors in the fire-suppression business routinely seek to limit or exclude their liability for losses which might occur a long time after their work is done, and in …

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Undue influence claims: What remedies?

Mark Pawlowski examines the remedies available to an undue influence claimant under English law ‘Considerable doubt remains as to whether equitable compensation is available in every case of undue influence or only those in which there is an equivalent fiduciary relationship of, say, solicitor and client or trustee and beneficiary.’ The effect of a finding …

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Landlord and tenant: A roundup of 2018

Kathryn Copeland reviews the key developments in commercial landlord and tenant law in 2018 ‘The increase in CVAs has begun to cause a landlord backlash, most notably with House of Fraser’s landlords banding together to oppose the proposed CVA on the grounds of “unfair prejudice” and “material irregularity”.’ Spotlight on CVAs This year saw an …

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