September 2014 #324 – Law Journals

Construction Focus: Rectification of defects

John Starr evaluates the obligation to mitigate and warns of the possibility that there may be no recovery of costs from the original contractor ‘The court decided that the use of the term “appropriate deduction” in clause 2.30 was a relatively neutral term. What might be appropriate in one set of circumstances might be inappropriate …

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Dilapidations: Common sense prevails

Euan McSherry reviews a Scottish case where a business common sense construction triumphed in the interpretation of a terminal dilapidations claim ‘One can envisage that tenants will seek to rely on this judgment to argue that in dilapidations disputes, landlords will need to demonstrate that they have in fact suffered, or are genuinely going to …

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Rights Of Light: Questions and answers

In the first of a series of articles, Andrew Francis provides answers to some common questions ‘Rights of light are not the same as daylight and sunlight assessment for planning purposes, so rights of light need to be assessed even before any planning assessment, let alone any planning application, is made.’ Question 1 What is …

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Planning Update: Community infrastructure levy

Kathryn Jump explains the key aspects of the levy and its impact on development ‘The 2010 Regulations were published by the coalition government with the aim of capturing the uplift in land values generated by the grant of planning permission for development and generating a pot of money to be used for the delivery of …

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Collective Enfranchisement: The end of the battle for Dolphin Square?

James Souter reports on a case which threw up some novel arguments ‘In what has been a long-running and often acrimonious battle this was a resounding victory for Westbrook, and there will no doubt be detailed consideration of the many elements of this important judgment in the coming weeks and months.’ After a long-running battle …

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The Community Asset Register: Power to the people or an administrative hurdle?

Elizabeth Sturgess and David Shakesby consider the implications of listing land or buildings as assets of community value ‘The “power” provided by the Localism Act is quite simply to be given an opportunity to make a bid.’ The Localism Act 2011 was launched by the coalition government with clear aims to achieve a significant shift …

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Secret Commissions: Unauthorised profits – an update

Mark Pawlowski looks at a landmark ruling on how an agent who has taken advantage of a bribe or received a secret commission in breach of their fiduciary duties holds the amount received ‘So, what has been the subject of judicial and academic controversy for over two centuries has now, at last, been authoritatively put …

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Competition Law: Restrictive covenants considered

Will restrictive covenants pass the tests under Chapter 1 of the Competition Act 1998? Andrew Francis outlines a recent case ‘The relevant issue for the purposes of this article is whether the covenants infringed s2 of the 1998 Act, and if so whether there was any defence to that infringement.’Hot on the heels of the …

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