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  • Article

    Court Of Appeal Considers Fines For Unauthorised Works To A Listed Building

    In a judgement published this week, the Court of Appeal has considered the basis on which fines should be imposed when breaches of listed building and planning enforcement notices occur.
    United KingdomReal Estate and Construction
    Walker Morris
    Walker Morris
  • Article

    Criminal Trespass And Adverse Possession

    A trespasser trespassing on land where it is a criminal offence to do so can still acquire title to that land as a result of the criminal activity.
    United KingdomReal Estate and Construction
    Dentons
    Dentons
Article

Delaying The Inevitable? Is There Any Point Resisting Enforcement Of An Adjudicator's Decision?

In the recent case of Bexhill Construction Ltd v Kingsmead Homes Ltd, Her Honour Judge Kelly gave a useful reminder of the difficulty involved in resisting enforcement of an adjudicator's decision.
United KingdomReal Estate and Construction
Birketts
Birketts
  • Article

    Flexibility For Public Sector Development Agreements?

    Long term contracts including development agreements often require modification to deal with changing circumstances.
    United KingdomReal Estate and Construction
    Dentons
    Dentons
  • Article

    Follow Up On Be Careful What You Wish For January 2018 Construction Law Update

    The matter was heard on appeal in July of this year and the original decision of the TCC was upheld.
    United KingdomReal Estate and Construction
    Hewitsons LLP
    Hewitsons LLP
  • Article

    Fry vs SSLUHC: Court Of Appeal Clarifies Position On Nutrient Neutrality

    The High Court's decision in G Fry & Son Limited vs (1) Secretary of State for Levelling Up Housing and Communities and (2) Somerset Council [2023] EWCH 1622 examined the application...
    United KingdomReal Estate and Construction
    IBB Law
    IBB Law
  • Article

    Government Announces Funding For ACM Cladding

    The Government announced, on 9 May 2019, that it is to allocate £200m to replace unsafe aluminium composite (ACM) cladding, from around 176 privately owned high-rise buildings.
    United KingdomReal Estate and Construction
    Charles Russell Speechlys
    Charles Russell Speechlys
  • Article

    Index-Linked Rent Reviews – Hill Dickinson At The Cutting Edge

    Bill Chandler's article Deceptively simple, which was originally published in Estates Gazette and subsequently featured in the winter 2017/18 edition of our commercial property newsletter, was recently referred to by the Court of Appeal ...
    United KingdomReal Estate and Construction
    Hill Dickinson
    Hill Dickinson
  • Article

    It's In The Partnership Accounts But Is It Partnership Property?

    The recent High Court judgment in Wild v Wild [2018] EWHC 2197 (Ch) confirms that one partner cannot unilaterally cause property to become a partnership asset without the prior agreement or subsequent acceptance of the other partners.
    United KingdomReal Estate and Construction
    Hewitsons LLP
    Hewitsons LLP
  • Article

    Japanese Knotweed Case Update: A Knotty Problem

    In May 2017 we advised on the outcome of this case in which the County Court ruled that the presence of Japanese knotweed on an adjoining property to the claimants' properties was an actionable nuisance ...
    United KingdomReal Estate and Construction
    Mishcon de Reya LLP
    Mishcon de Reya LLP
  • Article

    Larkfleet Ltd v Allison Homes Eastern Ltd [2016] EWHC 195 (TCC)

    The TCC considered whether a contractor had extended limitation for claims where it accepted liability for NHBC warranty cover.
    United KingdomReal Estate and Construction
    Clyde & Co
    Clyde & Co
  • Article

    Late Relief From Forfeiture

    Commercial landlords know that if a tenant fails to pay rent and the lease contains a forfeiture clause, the landlord can forfeit the lease by peaceable re-entry...
    United KingdomReal Estate and Construction
    Reed Smith (Worldwide)
    Reed Smith (Worldwide)
  • Article

    No Contract - No Payment?

    Consultants often carry out work for a prospective client before any agreement is entered into. There is a myriad of reasons why consultants may do this.
    United KingdomReal Estate and Construction
    Charles Russell Speechlys LLP
    Charles Russell Speechlys LLP
  • Article

    Payments Under Building Contracts: It Pays To Be On Time!

    In Henia v Beck, the TCC found that the building contract contained an adequate payment mechanism (as required under the Act).
    United KingdomReal Estate and Construction
    Wedlake Bell LLP
    Wedlake Bell LLP
  • Article

    Payments Under Building Contracts: It Pays To Be On Time! - Feb 11, 2016

    It is fair to say that the payment regime under the Construction Act (the "Act") is complicated.
    United KingdomReal Estate and Construction
    Wedlake Bell LLP
    Wedlake Bell LLP
  • Article

    Possession Proceedings On Hold Again?

    As has been widely publicised, the temporary halt to proceedings on evicting tenants in England is due to expire over the coming weekend and, until very recently...
    United KingdomReal Estate and Construction
    Charles Russell Speechlys LLP
    Charles Russell Speechlys LLP
  • Article

    Real Estate Tip Of The Week - Claim Deadlines For Collateral Warranties

    The case of Swansea Stadium Management Co Ltd v City & County of Swansea Interserve Construction Limited [2018] EWHC 2192 (TCC) serves to remind the beneficiaries of collateral warranties to be alert to deadlines.
    United KingdomReal Estate and Construction
    DAC Beachcroft LLP
    DAC Beachcroft LLP
  • Article

    Real Estate Tip Of The Week - Reasonable Endeavours

    Does a reasonable endeavours obligation prevent the giver from manipulating events so as to make compliance impossible?
    United KingdomReal Estate and Construction
    DAC Beachcroft LLP
    DAC Beachcroft LLP
  • Article

    Service Charge Recovery: An Unusual But Salutary Lesson

    In the case of Sheffield City Council v Oliver the Court of Appeal looked at the impact of third party contributions...
    United KingdomReal Estate and Construction
    RWK Goodman
    RWK Goodman
  • Article

    Supreme Court Decision Restricts Registration Of Town And Village Greens

    The Supreme Court handed down an important judgement on the subject of Town and Village Greens (TVGs) in December.
    United KingdomReal Estate and Construction
    Hewitsons LLP
    Hewitsons LLP
  • Showing 941–960 of 7544 results

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