May 2011 #270 – Law Journals

Construction Focus: Something old, something new…

John Starr reviews two recent cases providing some clarity to the wording of s1 of the Defective Premises Act ‘The Defective Premises Act imposes a duty not only on the builder, but also on anyone taking on work in connection with a dwelling to ensure that it will be fit for habitation.’If a builder builds …

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Subrogation: A patchwork quilt

Laurie Heller provides a reminder of the equitable doctrine and its application in practice ‘Subrogation is a remedy to which the claimant establishes his entitlement, and which is in appropriate form in the circumstances of the claim.’The doctrine of subrogation, so useful in its application, appears in a variety of contexts where it answers the …

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Restrictive Covenants: Not in my back yard!

Richard Bartle and Keith Shaw discuss how developers are restrained by the restrictive covenants that burden their land, with reference to recent case law and possible future developments ‘The courts have historically attempted to take a firm line with those who breach a restrictive covenant in full knowledge of its existence, particularly after the party …

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Contractual Conditions: Whose condition is it anyway?

Jon Bola considers when a contractual condition may be waived in light of recent case law “’If it is not obvious on the face of the contract that the stipulation is for the exclusive benefit of the party seeking to eliminate it, then in my opinion it cannot be struck out unilaterally” [per Brightman J …

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Planning: Localism and the new economy

Ian Trehearne comments on the Bill and what it means for the future of planning ‘The recent Cala Homes cases highlight confusion about the abolition of regional strategies and the need for co-ordination between authorities.’The Localism Bill, which is now going through Parliament, has been highlighted by the government as a driver of housing supply …

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Landlord And Tenant Update: The new Service Charge Code

Jackie Newstead assesses the new Code, which is due to come into effect in October 2011 ‘The object of the working group was not materially to change the principles behind the original Code, but to present it in a clearer format and to build on the experience gained from working with the Code over the …

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