September 2016 #344 – Law Journals

Costs: Setting a high standard

The Upper Tribunal has provided clarification on when costs will be awarded for ‘unreasonable’ behaviour. Sarah Heatley explains ‘Martin Rodger QC and Siobhan McGrath, deputy and chamber president of the First-tier Tribunal respectively, were asked to consider what constitutes “unreasonable behaviour” under r13, and how it should be applied in practice.’ The Upper Tribunal (Lands …

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Easements: Sign of the times

Lucy McCormick analyses two recent Court of Appeal cases that emphasise the importance of signage on private property ‘Putting up an appropriate sign is an inexpensive (and relatively polite) way to prevent others acquiring rights over land.’In a landmark easement decision, the Court of Appeal has recently given judgment in Winterburn v Bennett [2016]. The …

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Forfeiture: Proceed with caution

A recent High Court case means more uncertainty for landlords on relief from forfeiture. Martin McKeague provides some practical advice ‘A High Court decision, Pineport Ltd v Grangeglen Ltd, has resulted in further uncertainty for landlords on the already thorny questions of whether and when a tenant is entitled to relief.’Forfeiture is a landlord’s ultimate …

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Planning Update: Simply the best?

Stephen Ashworth reviews what ‘best consideration’ means in practice and how it is affecting the property market ‘It is difficult to imagine a situation where a local authority wants to dispose of land for a public purpose at an undervalue that would not meet the wellbeing criteria.’ In a world of increasing devolution and local …

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Injunctions: Importance of good conduct

A ‘right to light’ case has lessons for developers wishing to avoid an injunction. Rashpal Soomal explores the nature of the court’s discretion ‘What the Supreme Court has in mind is a sophisticated exercise that requires much more than the traditional “one-size-fits-all” approach to the exercise of injunction discretion.’ Any professional advising developers in particular …

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Proprietary Estoppel: A separate cause of action?

Mark Pawlowski asks whether there is scope for giving effect to informal land agreements by applying the doctrine of proprietary estoppel ‘The question remains as to whether an estoppel on its own (independently of any finding of a constructive trust) can operate so as to enforce an agreement for sale notwithstanding non-compliance with s2(1), Law …

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Construction Focus: Care in word and deed

John Starr outlines the court’s stance on anti-oral variation clauses ‘In principle the fact that a contract includes an anti-oral variation clause does not prevent the parties from later making a new contract varying the original contract by oral agreement or by conduct.’ After several years without a decision on ‘no oral variation’ or ‘anti-oral …

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