May 2012 #290 – Law Journals

Negligent Valuation: Valuation issues

Recent case law highlights the growing number of claims being brought by lenders against valuers in the downturn. Peter Levaggi investigates ‘Valuers face substantial difficulty in attempting to arrive at a market value in circumstances where very little market exists.’ The volatile property development sector has led to increased pressure on surveyors. The problem arises …

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Planning And Environment Update: Permits and permissions as defences

Angus Evers and Juliet Munn consider whether planning permissions and environmental permits can provide an effective defence to a nuisance claim ‘Unless Parliament or the higher courts clearly direct otherwise, private law rights are unaffected by statutory regulation.’ Two recent cases have provided some clarity on the defence provided by environmental permits and planning permissions …

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Planning Applications: Humpty Dumpty and the sequential approach

Martin Evans and Katherine Frankham discuss the key points arising from the UK Supreme Court decision in Tesco v Dundee ‘Planning authorities, according to Lord Reed, do not live in the “world of Humpty Dumpty” in which they can make the development plan mean whatever they would like it to mean.’ It is well established …

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Sustainable Drainage Systems: How will they affect your clients?

John Adams outlines the implications of SuDS on the development process ‘Developers need to be aware of these provisions and their impact on any development in England and Wales as they may have financial implications, as well as impacting on the practical design of a development site.’ The government has proposed that the provisions of …

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Business Leases: Business leases

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Hannah Harries explores the availability of default or summary judgment to claimant landlords and tenants in the context of ‘opposed’ claims ‘Default judgment is a judgment without trial, and is generally perceived to be granted as an administrative matter without any consideration of the merits of the claim following the defendant’s failure to file an …

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Construction Focus

John Starr reviews cases concerning an obligation to act in good faith, and a negligence claim averted ‘Schedule 8 of the JCT Standard Building Contract contains a clause requiring the parties to work with each other in a co-operative and collaborative manner, in good faith and in a spirit of trust and respect.’ Keep the …

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Finance: Buying property debt

With a growing number of entities looking to buying loan portfolios, Michael Delaney provides a guide for those interested in buying such debt ‘Given the number of properties involved and the time and resources which will need to be invested to see any potential upside, lenders are showing an increased willingness to dispose of their …

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