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High Court Scotches Plans for £1.8 Million Holiday Park Expansion

Planning decisions would be unpredictable and merely arbitrary if they were not based on carefully considered policies that have been subjected to public scrutiny. The High Court made that point in scotching £1.8 million plans for the expansion of a...

No-Fault Eviction to End: Landlord and Tenant Law Revisions Likely

Talk to a tenant and the lack of security of tenure is often brought up as a significant issue. For landlords, the inability easily to obtain possession of a tenanted property can often cause angst. There is little dispute that a good-quality, settled...

Missed Deadlines Mean Missed Opportunities

Gerry Rafferty famously claimed that 'if you get it wrong, you'll get it right next time', but a recent construction dispute shows that this is often far from true in legal disputes: often, if you get it wrong, there is no 'next time'. The facts were...

Possession Granted When Tenant Claims Argument is Over Same Facts

It is very common for tenants who run up rent arrears to effectively be given a second chance by the courts when facing an application by the landlord to repossess the premises. Often, such applications are stayed subject to compliance with a revised payment...

What Exactly Is the 'Curtilage' of a Building?

Whether land is or is not within the curtilage of a building can be a decisive factor in many planning cases. The High Court considered the meaning of the word in ruling that a large hardstanding used for storing fencing materials did not fall within the...

Defective Premises and Landlords' Duties - Guideline Court of Appeal Ruling

Landlords have a legal duty to keep the premises they let to tenants in a safe condition and if they fail to do so can be held liable for any injury or loss that results. Recently, a local authority was ordered to pay compensation to a council tenant who...

Adjudication Payments Must Be Made First

Payments under building contracts can be a touchy issue and have led to numerous disputes. Adjudication proceedings are intended to make the process of resolving building disputes simpler, but they themselves are replete with legal challenges on a whole...

Air Quality Targets and the Planning Regime - Court of Appeal Test Case

The Government is duty-bound by European law to ensure that specified air quality standards are met as quickly as possible. However, the Court of Appeal has ruled in an important test case that that duty does not extend to a general obligation to refuse...

Balancing Noise Nuisance Against the Needs of Industry - High Court Ruling

Industrial processes can be noisy and those responsible for them frequently worry that complaints from neighbouring residents will affect their businesses. However, as a High Court case showed , such concerns and the needs of commerce in general do carry...

Trading in the Winter Period - A Cautionary Note for Landlords

Weak economic growth and increasing competition is still wreaking havoc in the High Street and the quarter that starts in January is often make or break for retailers as it is traditionally the worst trading quarter of their year. Many commercial properties...
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