December 2020/January 2021 #383 – Law Journals

Restrictive covenants: A cynical breach

Oskar Musial and Helena Davies consider the case of Alexander Devine Children’s Cancer Trust v Millgate Developments Limited Importantly, the Upper Tribunal’s power is discretionary, even if the conditions in s84 are met by the applicant. Can a property developer get away with knowingly carrying out a development in breach of a restrictive covenant and …

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Minimum Energy Efficiency Standards: Where are we now?

Naomi Heathcote considers MEES in the context of lease drafting and examines the government’s latest consultation relating to domestic properties From a landlord’s point of view, if such an exercise has not already been carried out, it would be advisable to undertake a review of all domestic properties to which MEES apply. Minimum Energy Efficiency …

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Case law update: What’s coming up in 2021?

Joanne Wicks QC and Zoë Barton QC give a preview of cases moving through the higher courts Although the cases themselves are not concerned with property law issues, they have the potential to impact on landlords and tenants who hold policies containing the relevant wording. The year 2020 has proved to be eventful in more …

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Construction focus: A significant stay on ‘smash and grab’ adjudication

Jamil Sanaullah explores the established case law, as well as a recent decision, which provides helpful guidance on the circumstances in which the court will grant a stay of enforcement of an adjudication award The strict application of the statutory provisions has led many contractors to take advantage of a procedural error by the developers …

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Index-linked rent review: The court’s commercial approach to interpretation

Emma Pinkerton and Marcus Barclay look at Fancourt J’s recent decision on the unusual case of Monsolar IQ Ltd v Woden Park Ltd The tenant’s case was that there was a clear mistake in the indexation formula so that the lease should be read in its intended sense rather than literally. The claim in Monsolar …

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The Planning White Paper: Localism 2.0?

Lucy McDonnell considers the successes and limitations of the Localism Act changes, and the ways the system may change again With many neighbourhood plans taking years to be drafted, consulted upon, examined, voted on at a referendum and made by the local planning authority, it seems that neighbourhood planning is more likely to be successful …

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Commercial landlord and tenant round-up: Key decisions despite Covid chaos

David Manda and Lewis Couth highlight some of the key cases to note It is likely to be prudent for any tenant considering an early departure from leasehold premises to take specialist legal and surveying advice as part of its overall exit strategy. Much of the specialist property litigator’s recent practice will have been dominated …

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