October 2014 #325 – Law Journals

Construction Focus

John Starr reviews recent case law relating to reliance on certificates provided on development completion and challenging the enforcement of an award ‘Enforcement of international arbitration awards is governed by the New York Convention of 1958, which provides for enforcement by a competent court of a country which is a signatory.’ A stitch in time… …

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Chapter I Of The Competition Act 1998: Object and effect

Andrew Francis considers the EUCJ decision in Groupement des cartes bancaires and its relevance to land agreements within Chapter I of the 1998 Act and Art 101 of the TFEU ‘This decision will force the Commission (and the CMA when concerned) to alter its policy of treating agreements as violating Art 101 by virtue of …

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Landlord And Tenant (Covenants) Act 1995: Yadda Yadda Adda

Bryan Johnston outlines an important post-K/S Victoria decision concerning repeat guarantees ‘The impact of repeat guarantees being void has caused a considerable amount of discussion within the industry and has created problems for both landlords and tenants.’ There has been a lot of talk about the Landlord and Tenant Covenants Act 1995 following the decisions …

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The Alienation Protocol: Time for a more collaborative approach

Nicholas Cheffings, Mathew Ditchburn, Guy Fetherstonhaugh QC and Jonathan Karas QC propose a new protocol for avoiding, or resolving, alienation disputes ‘We do not guarantee that close adherence to the protocol will avoid disputes – for there will always be potential for conflict over the substance of any application – but it should minimise the …

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Rights Of Light: Questions and answers – part 2

How is light measured, how are damages assessed and how is an actionable interference established? Andrew Francis answers some pertinent questions relating to rights of light ‘The ultimate question will be whether the reasonable beneficial use and enjoyment of the room (or the building) is affected.’ Question 1 How is light measured in rights of …

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Planning Update: Pulling the threads together

Marcus Woody assesses ‘sustainable development’ in the National Planning Policy Framework in the context of some recent cases ‘Dartford confirms that there is no separate hurdle that requires a separate assessment as to whether development is sustainable, prior to applying the presumption in favour of sustainable development in para 14 of the NPPF.’ In the …

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Leasehold Enfranchisement: It’s all relative

The Upper Tribunal has recently favoured a more conventional way of working out marriage value for the purposes of an enfranchisement claim. Natasha Rees examines the consequences ‘Over the years valuers, with experience of the market, have developed relativity graphs based on tribunal decisions and settlement evidence.’ Hedonic regression is not the usual topic of …

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