June 2012 #292 – Law Journals

Construction Focus: Protocol and proportionality

John Starr reviews some recent cases where the court was asked to consider the consequences of failing to comply with the Pre-action Protocol for Construction Disputes ‘These cases highlighted the need to follow both the spirit and the letter of the Protocol if adverse costs orders were to be avoided, possibly even if the process …

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Tenancy Deposit Schemes: Don’t bank on it

Sarah Dawe explains why changes in the tenancy deposit scheme rules are not all bad news for landlords, but watch out for the transitional provisions ‘The legislation governing tenancy deposit schemes was amended by the Localism Act 2011. While some of the changes are landlord-friendly, the rules have also been tightened up to eliminate a …

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Planning And Environment Focus: New grounds for challenge?

Meeta Kaur and Matthew Mainstone assess some developments in relation to planning application requirements following recent legislation ‘Those advising authorities and applicants alike need to be alive to the requirements of the [Equality] Act and what needs to be done to comply with it.’ Many would complain that the planning system already places a heavy …

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Pre-Packs: Where next for rent in administration?

Nicholas Levy considers the evolution of the law on administrations and where we are now ‘The concept of liquidation has never been underpinned by any notion that the company or its business should be “rescued”. Administration, on the other hand, is part of the modern rescue culture.’ The controversy surrounding administrations (and particularly pre-pack administrations) …

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Development Agreements: To OJEU or not to OJEU – the debate continues

When does a development agreement between a local authority and a developer fall within the definition of a ‘public works contract’ under the Public Contracts Regulations 2006? Janet Lewis analyses a recent High Court case ‘When considering if the public procurement regime applies it is necessary to look at the whole of the arrangements between …

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Lease Renewals: Interim rent reappraised

Emma Humphreys and Rachel Fletcher review the decision in Humber Oil Terminals Trustee Ltd v Associated British Ports [2012] ‘The approach of the court in determining the interim rent provides valuable assistance to parties who are faced with interim rent valuations under s24D of the Landlord and Tenant Act 1954.’ In the latest in a …

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