March 2018 #359 – Law Journals

Rights of way: Can you change your ways?

Paul Greatholder outlines the case of Gore v Naheed, which considered conflicting case law on whether a right of way used to access an additional piece of land amounts to an easement ‘How easements are created is an important consideration because each easement will need to be looked at in its own context to be …

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Planning update: A reasoned approach

Ralph Kellas examines a local planning authority‘s duty to give reasons, in light of recent case law ‘Statutory requirements to give reasons in relation to planning decision-making have developed piecemeal. They apply to a range of types of decision and decision-maker.‘ In September 2016, the Court of Appeal ruled that Dover District Council had failed …

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Construction focus: Playing catch-up

John Starr reports on a case where a second adjudication was started before the conclusion of the first, serving as a warning to always comply with an adjudicator‘s decision ‘The judge took the view that, having already found that there was a valid decision in the first adjudication, it was necessary then to look at …

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Conveyancing: Education and preparation are key

Jonathan Williams explains why putting a stop to gazumping will not prevent bad buyer and seller behaviour ‘The real issue when purchasing and selling a home is not the cost of legal fees when sales fall through, but the current shortage of housing and people‘s general lack of understanding of how the conveyancing system works.‘ …

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Agent of change: No panacea

Amy Truman, Michael Greig and Pieter Claussen discuss the implications of a wider reliance on the agent of change principle to deal with noise nuisance ‘This is basically a proposal that the onus for ensuring that the occupants of a new noise-sensitive development will not be adversely affected by noise from an existing noisy use …

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Leasehold valuation: The search for the holy grail continues

Natasha Rees reviews the decision in Mundy, which saw the Court of Appeal analyse current valuation methods ‘The Mundy appeal focused on the method that is used in calculating the marriage value element of the premium of a lease extension, which only applies where the lease has fallen below 80 years.‘ The leasehold market has …

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Possession proceedings: Revisiting res judicata

Can a court award mesne profits when an order for possession for the same wrongful act has already been granted? Rosalind Cullis considers a recent case ‘The principle behind mesne profits is that a trespasser is not allowed to use another person‘s land without compensating the landowner. The landowner does not need to have suffered …

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