February 2012 #284 – Law Journals

Possession Proceedings: Recent developments

Antony Phillips and Christopher Hill provide an overview of the legal framework through which landowners can recover possession and some of the hazards that they need to avoid ‘The recent rise of protest action has added extra considerations to claimants in seeking to remove trespassers from land. This has often proved to be because protestors …

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Planning And Environment Update: Compulsory purchase compensation and HS2

Matthew Mainstone and Meeta Kaur assess the options open to homeowners likely to be affected by High Speed 2, the proposed national high-speed rail network ‘The government has made a number of changes to its preferred route for phase 1 and believes that the revised route will offer considerable improvements to communities, compared to what …

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Construction Focus: Construction focus

John Starr reviews the parameters of an obligation to proceed with work in a sub-contract, and assesses the realms of privilege ‘If you want a particular term in a contract, you should state it expressly, because seeking to imply terms after the event will be an uphill struggle.’ Sub-contracts Regularly and diligently Can there ever …

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Case Study: A call for change in times of uncertainty

Kathleen Fitzgerald reviews the findings of the Supreme Court on a lease with an uncertain term, and compares the Scottish position ‘The court in Berrisford v Mexfield Housing Cooperative Ltd [2011] recognised the long-established view that an uncertain term rendered an agreement incapable of being a tenancy in the sense of being “a term of …

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The Structure Of Premises: Covenants to repair

Laurie Heller provides a reminder of a case that has redefined the boundaries of a ‘structure’ ‘The assumption has generally been that the plaster surfaces are not part of the structure. That proposition has been unchallenged until now.’ The courts have shown a remarkable reluctance to provide a precise definition of the meaning of ‘structure’. …

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Tenancy Deposit Schemes: Tenant-friendly revisions

With changes to the tenancy deposit scheme legislation expected to come into force in April, Edward Cracknell assesses the practicalities of the legislation ‘The 2011 Act received Royal Assent on 15 November 2011 and many of its provisions came into force in December of that year. Section 184, proposing changes to the tenancy deposit provisions …

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