Development and construction

Insolvency Rules...OK?

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We look at a Court of Appeal decision that is likely to have far-reaching implications on liquidators who were, naturally attracted to the idea of referring disputes to (quick and relatively inexpensive) adjudication as a means of determining monies owed to the insolvent company. More …

Developers are warned by the Court of Appeal not to take the law into their own hands

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Local authorities will be pleased to note that the Court accepts that they only have to consider planning issues when presented with a planning application, and that they are not obliquely adjudicating on the appropriateness of restrictive covenants which are a matter of private law. More …

Another contaminated land liability stream for developers to contend with

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Developers are geared up to carry out necessary remediation of brownfield sites through the planning process, but what happens if there is historical contamination on land that they have sold to homeowners years before? More …

Legal Viewpoint - Obligations route blocked on parking permit restrictions

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A Court of Appeal ruling last month involving planning permission to convert a building in west London from five flats to eight explored the lawfulness and enforceability of planning obligations that seek to restrict residents from applying for permits for on-street parking. In 2015, the High Court held that such obligations fall outside the scope of section 106 of the Town and Country Planning Act 1990. More …

Planning permission and copyright infringement: a cautionary tale

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The recent case of Signature Realty Ltd v Fortis Developments Ltd & Anor highlights the caution that developers should take when acquiring a site with planning permission. The case confirmed that copyright protection applies to architects' drawings. More …

Land Registry delay: Mind the Gap

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A recent case highlights the importance of accurate and timely applications for registration of matters at Land Registry. Due to an inaccurate plan being filed there was a delay in registration of the transfer of some land.. More …

Can allotments be appropriated if a development is strategically important?

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allotment, appropriation of allotments for development, rights of allotment owners

Whilst the bar is rightly set high, a recent case has shown that allotments are not sacred, that a sufficiently important development can displace them and that developers should not be discouraged from incorporating them into strategic developments. More …

At a loss about 'no loss' arguments in construction claims?

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In the context of construction projects, 'employers', developers and funders may need to assign construction documents (e.g. building contracts, professional appointments, collateral warranties). More …

Recovering adjudication costs under the Late Payment of Commercial Debts (Interest) Act 1998

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Rachel Gwilliam, Partner, explores the possibility of recovering adjudication costs under the Late Payment of Commercial Debts (Interest) Act 1998 (LPCD(I)A 1998) and looks at how the recently-published judgment in Lulu Construction v Mulalley impacts the position. More …