September 2021 #390 – Law Journals

Estoppel claims: Unconscionable behaviour

Mark Pawlowski considers whether bad behaviour on the part of an estoppel claimant will deny or modify equitable relief Unconscionability is an overarching element operating in proprietary estoppel claims. Although a proprietary estoppel claim will fail unless the claimant is able to establish the three essential elements of assurance, reliance and detriment, it is evident …

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Frustration: When can a construction contract be frustrated?

Proving that a contract is frustrated is never an easy task. The chances of success are dependent upon the facts of the particular matter, but assistance can be found in the case law, as Jennie Jones and Thomas Booth find out The primary way of recovering monies as a result of frustration is pursuant to …

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Dilapidations: How on earth do we get to zero carbon?

Jon Rowling explains why a new, greener approach to dilapidations needs to become a priority now As a dilapidations surveyor ‘on the ground’, over the years I have seen a great variety of building types, scopes of claim, approaches from the parties and different attempts at settlement. Across all of these variables there is one …

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Remedies for Covid-19 arrears: The likely direction of travel

Keith Conway reviews the current state of play in relation to Covid-related commercial rent arrears following a recent judgment Master Dagnall found that there was no such thing as a ‘temporary frustration’ in law which could lead to a suspension of contractual obligations for a period of time only. After many commercial tenants were forced …

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Construction focus: Delay damages and termination – order is restored

What happens to an employer’s rights to liquidated damages for delay when a building contract is terminated before practical completion of the works has been achieved? Dan Cudlipp and Candice Johnson discuss a case that made it to the Supreme Court The consequence of the Supreme Court’s considerations was that while penalties remain outlawed, that …

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Overriding interests: Caretaking in context

Sukhninder Panesar explores a recent decision, which revisits the threshold required to be in actual occupation In relation to where an owner of land authorises a caretaker to look after the land, the question is whether a caretaker can be in occupation of the land on behalf of the owner? It is trite law that …

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