May 2011 #271 – Law Journals

Construction Delays: Methodology v facts

A recent case brings the focus back to facts and evidence, finds Robert Horne ‘Surprisingly, given the importance of ascertaining responsibility for delay to a project, there has been very little definitive guidance on the subject.’An issue that raises its head in many projects, be they construction related or not, is the completion of the …

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Planning And Environment Focus: Solving the housing crisis

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Sarah Youren considers the various means being employed by the coalition government to tackle the shortage in housing The coalition government is coming up with scheme after scheme to try and ensure that more housing is created in England. While previous measures such as the New Homes Bonus and Neighbourhood Plans have focused on new …

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Occupiers And Contractors: Who owns the duty of care?

Andrea Tithecott examines recent cases where the Court of Appeal has considered the duties of occupiers where contractors have been appointed to carry out work ‘The House of Lords in Octel ruled that s3 HSWA imposes a direct duty on the employer defined with reference to the conduct of the undertaking. This duty cannot be …

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Property Insurance: Myths and half truths

Laurie Heller reviews the issues to be considered when dealing with insurance policies ‘The myth that the interests in property of third parties are adequately covered by noting on the policy of the owner is widely, but erroneously, believed.’Such is the organisation of the insurance industry and its sales practice that arrangement for the cover …

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Development Issues: Oversailing

Penny Moore looks at the issues pertaining to oversailing and why it is a concern for developers ‘The basic principle of English law is that a landowner owns all the airspace above the land, to the heavens above. Legislation has given aircraft rights to pass without causing any trespass, but the basic principle holds good …

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Book Review: Dispelling the rumours

Jamie Kidd finds Stephen Jourdan and Oliver Radley-Gardner’s Adverse Possession an invaluable guide for all practitioners The first edition of Adverse Possession (which confirmed the law up to 31 July 2002) was well timed. It was published shortly after the House of Lords handed down their decision in JA Pye (Oxford)Ltd & ors v Graham …

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Competition: Dealing with the changes

Anne-Marie Lusty assesses the new law, and what practical steps can be taken to consider going forward ‘Real estate agreements will need to be reassessed over time. What may have been a justifiable restriction when originally imposed may no longer be, in light of external factors. Equally, the converse may be true.’Real estate agreements have …

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