October 2011 #278 – Law Journals

Wind Farms And Noise Nuisance: Another chink in the armour?

An ongoing case relating to a claim for noise nuisance is likely to impact on future wind farms, as Jacqueline Cook finds out ‘Good intentions and acting in the public interest are no bar to an action for nuisance. Although he might be doing so in the public interest, a person committing a nuisance may …

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Opinion: It’s broken. Fix it. Please.

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Carl Dyer explains why the coalition government’s National Planning Policy Framework should be wholeheartedly welcomed ‘The coalition government’s 56-page National Planning Policy Framework is the best attempt at reform of planning policy proposed for the past 30 years.’Our planning system does not work. It is not fit for purpose. This is not a secret; every …

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Statutory Compliance Clauses: Duty bound

Simon Massey and James Atkins examine the purpose of the statutory compliance clause and its impact on the landlord and tenant relationship ‘The legislative landscape will change during the currency of the lease term, and it is generally prudent for landlords and tenants to take legal advice on any future legislation that might affect their …

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Construction Focus: Justifiable doubts and the fair-minded observer

John Starr reviews some recent guidance on the issue of bias in arbitration proceedings ‘The common law test of bias assumes the existence of an impartial observer, a bit like “the reasonable man” in cases of negligence or “the man on the Clapham omnibus” – someone to help with a problem that requires to be …

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Sale By Auction: Room for mistake

The Court of Appeal recently held that a contract will only be corrected if there is an obvious error, as Camilla Askaroff writes ‘The facts in Bashir [2011] were unusual: neither party had inspected the property before the sale. The property was sold at auction. The seller was an executor and the buyer was an …

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