March 2012 #286 – Law Journals

Commercial Lease Breaks: Give me a break

Neil Ham considers the decision in Avocet and its broader consequences for landlords and tenants ‘If equality and fairness prevail, break conditions will either be absent or, more commonly, provide that at the break date the basic annual rent will be up to date and the premises vacant.’ The exercise of a break right by …

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Planning And Environment Update: Community infrastructure levy

Meeta Kaur provides a timely reminder of the CIL and the basics of how it is intended to operate ‘Regulations 122 and 123 of the CIL Regulations provide the legislative basis that is intended to establish the relationship between the CIL and s106 agreements once the CIL is adopted in an area.’The Community Infrastructure Levy …

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Nuisance: Influence of planning permissions

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Jamie Kidd reviews Coventry v Lawrence and its implications for those affected by noise nuisance ‘It is a question of fact in every case whether the grant of planning permission followed by steps to implement such permission do have the effect of changing the character of the locality.’ Every person is entitled to the comfortable …

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Contractual Formalities: Section 2 of the 1989 Act in the spotlight

Kathleen Fitzgerald looks at two cases where the courts stuck to a rigorous application of the provisions of s2 ‘The need for formality means that negotiations to transact with land will not bind the parties before they are ready to commit fully to what is agreed between them.’ It is perhaps unsurprising in the current …

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Construction Focus: Natural justice in adjudication

John Starr highlights some recent instances where natural justice was found to have been breached, as well as cases where it wasn’t ‘While certain non-material breaches of natural justice can be ignored, it will only be proper to do so if there is a positive indication that the breach has not been material.’ In ‘Justifiable …

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Deposits: New thoughts on forfeiture of deposits

Recent cases have questioned the longheld view that an unreasonable deposit is a penalty that can be repaid in full, as Laurie Heller finds out ‘Modern English courts do not appear to apply penalty rules to deposits or to clauses providing for forfeiture of sums that have already been paid.’ In a contract for the …

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