Could partnership claim section 2 AHA 1986 tenancy against partner?
Section 2 of the Agricultural Holdings Act 1986 (AHA) provides that: “(1) An agreement to which this section applies shall take effect, with the necessary modifications, as if it were an agreement for...
View ArticlePrinciples applicable to Interim Rights under New Telecoms Code
One important feature of the new Electronic Communications Code (“the Code”) is the obligation it places on the Tribunal to resolve dispute without delay. Regulation 3(2) of the Electronic...
View ArticleDoes the new Telecoms Code permit preliminary site suitability surveys?
Does the new Telecoms Code give the tribunal power to impose an agreement allowing access to a building to investigate it’s suitability for the installation of electronic communications apparatus? The...
View ArticleLease arrangement rectified
If two parties agree what the legal consequences of a contract should be, English courts might be able to rectify any defective provisions of the contract that are at variance with those shared aims....
View ArticleCorporate Veil applied in Construction Case
Oakapple Homes (“OH”) used sister company Oakapple Construction (“OC”) to convert an old Derbyshire Mill to a large flat and retail complex. As part of the build contract arrangement OH novated the...
View ArticleDanger of failing to buy on “practical completion”
If your new property is being built your obligation to complete your purchase usually turns on whether the archtect or other contract administrator has certified the building work is “practically...
View ArticleThe Big Bang under the Legal Market
The Legal Market is undergoing a “Big Bang”. There will be more demand than ever but most services will be commoditised with the emphasis shifting more to cost effective technical access, research...
View Article“Non compliant” Tenant break notice worked!
News Siemens Hearing Instruments Ltd v Friends Life Ltd (2013) was a High Court Decision that contradicted the orthodoxy that a Tenant’s break right in a lease is an option clause and (as such) must...
View ArticlePlanning Permissions to “Firm Up” Earlier
From 1 July 2013 the time limit for bringing judicial review proceedings against England & Wales’ local authority planning permissions was reduced from three months to six weeks. So land...
View ArticleTenant refunds under break clauses?
In a recent case the court implied into a break clause a term which entitled the tenant to a refund. Hitherto the balance of opinion was that a tenant was not entitled to a refund unless it was covered...
View ArticleImportant Case on Relocation for Telecoms Agreements under Old and New Codes
In telecoms siting agreements, a right to “Lift and Shift” is a landowner’s right to make a telecoms operator relocate its plant and equipment. The Old Telecommunications Code, applicable to agreements...
View ArticleNew Electronic Communications Code: Site Providers who are “Operators”.
The Electronic Communications Code gives licensed telecoms operators statutory rights to have equipment on private land. The Digital Economy Act 2017 contained a new Code with sweeping changes in...
View ArticlePlanning: Secretary of State should have allowed parties further representations
In the High Court case of Gladman Developments Ltd v Secretary of State for Communities And Local Government & Anor [2017] the Secretary of State rejected the Inspector’s recommendation to grant...
View ArticleNPPF Limitations on presumption in favour of sustainable development
Paragraph 14 of the National Planning Policy Framework (“NPPF”) says: “14. At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development, which should be...
View ArticleSupreme Court on sustainable development and the housing supply
Paragraph 49 of the National Planning Policy Framework (“NPPF”) says: Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies...
View ArticlePlanning Condition excluded the General Development Order
It is widely known that a planning condition on a planning consent can exclude the application of the Town and Country Planning (General Permitted Development) Amendment Regulations (England) Order...
View ArticleNo bar to the existence of recreational easements
There was no English (or Scottish) precedent authoritatively deciding whether or not an easement can legally exist to use a golf course, swimming pool or tennis court etc. In the High Court case of...
View ArticlePlanning: the death of “interim planning guidance”?
Local planning authorities facing constant changes in legislation and national policy face practical difficulties keeping their local plans under review. Local planning authorities have produced...
View ArticlePlanning: Flooding sequential test should have been applied
Policies in the National Planning Policy Framework (“NPPF”) cover development in “areas at risk of flooding”. These include the policy for the “sequential test” in paragraphs 100 to 104. “100....
View ArticleConstruction: Employer could not challenge adjudication in enforcement...
In construction disputes if an adjudicator has decided the issue referred to him, and he has acted in accordance with natural justice, his decision will be enforced by the court. The defendant must pay...
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