September 2012 #295 – Law Journals

Tree Root Damage: Foreseeable damage?

Andrew Plunkett reviews two recent cases that consider to what extent a party can be found liable for tree root damage ‘A party responsible for maintaining the relevant tree(s) will only owe a duty to a property owner if it is reasonably foreseeable that the tree will, or may, cause damage to the property in …

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The Electronic Communications Code: Have your say!

Emma Humphreys outlines the Law Commission’s Consultation Paper on proposed changes to the Code and urges property owners and occupiers to get involved in the consultation process ‘The Law Commission considers that there needs to be more clarity and certainty in valuation, with a fair balance between the interests of the various parties and a …

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The CVA: A useful tool for the large retailer

Morgan Bowen, Nishi Gandesha, and Emma Lloyd discuss process and procedure ‘The glut of formal insolvencies that was predicted for the retail and wholesale sector at the commencement of this latest recession has not in fact come to pass.’ Recent years have seen the use, by large retailers who are in financial difficulty, of the …

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Construction Focus: Mediation retains its appeal

John Starr analyses the Court of Appeal’s approach to mediation and a new Court-run scheme ‘CAMS has been running for a number of years and has consisted of the court writing to the parties to tell them about mediation and the Mediation Scheme run by the Court of Appeal.’ For some years now, the Court …

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The Montague Review: If you build it will they come?

Roy Pinnock considers the backdrop to the Review and whether its recommendations can achieve the goal of mobilising institutional investment in volume homebuilding Aside from whether a centralised payment system costing the taxpayer £200m each year is appropriate, NHB also appears to have been most frequently applied to student housing and conversion of multi-occupied dwellings …

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Case Round Up

Paul Tonkin summarises some recent case law Developer’s procrastination results in valid termination of contracts to purchase Bhat v Masshouse Developments Ltd [2012] Mr Bhat and others exchanged contracts between November 2007 and February 2008 for the purchase of long leases in a residential block that Masshouse was developing. The purchasers paid deposits on exchange. …

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