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Legal wrap: A spat with a glazier, tunnelling under Stonehenge and rent arrears

Welcome to your weekly round-up of the pick of the content published on EG Legal over the past seven days.

This week, we have our usual array of topics – including a call to action on business rates that implores you to respond to the government’s consultation this month. Our View From the Bar column analyses the Australian model for arbitrating rent arrears disputes, and the difficulties that might be faced applying a similar system in the UK. We have an expert look at the importance of daylight and rights of light in development planning, a detailed review of an important Supreme Court decision on negligence, and our Rural View considers the biodiversity gain provisions in the Environment Bill. All that and more is just a click away.

Legal news

Developer of Embassy Gardens loses legal spat with glazier

Legal dispute over Padstow holiday home charge leads to increase of £8.38

Legal features

Make your voice heard on business rates
John Webber outlines Colliers’ response to the government’s business rates consultation

Legal note: Service charges – when it pays to demand properly and in time
Elizabeth Dwomoh explains why compliance with the contractual machinery of the lease is crucial

Shedding light on increasing claims
Ian McKenna on the importance of placing rights to light and daylight at the centre of development planning

Duty of care: SAAMCO no more?
Stuart Pemble takes a look at the Supreme Court’s latest attempt to bring legal certainty to the scope of duty principle

Biodiversity gain: it’s the law
New planning rules could cost all developers dearly, says Charles Cowap

Conveyancing: setting standards for Scotland
Ann Stewart, Rachel Oliphant, Kirsten Partridge and Paul Haniford commemorate two decades of Scotland’s Property Standardisation Group

Practice points

Service charges: the best approach to inconsistent decisions
Francis and another v Sandoz and others 

The measure of damages for subletting without landlord’s consent
Almacantar Centre Point Nominee No 1 Ltd and another v CID Investment Ltd and others

Case summaries

R (Save Stonehenge World Heritage Site Ltd) v Secretary of State for Transport
Town and country planning – Development consent order – World heritage site

CPRE (Kent) v Secretary of State for Communities and Local Government and anr
Town and country planning – Statutory review – Costs

Rakusen v Jepsen and others (Safer Renting intervening)
Landlord and tenant – Rent repayment order – Superior landlord

Barre and others v Martin and others
Land – Right of way – Interference

Law reports

TFS Stores Ltd v Designer Retail Outlet Centres and others
Landlord and tenant – Business premises – Security of tenure – Waiver

R (Fylde Coast Farms Ltd (formerly Oyston Estates Ltd)) v Fylde Borough Council
Town and country planning – Neighbourhood development plan – Judicial review – Time limit

Rossendale Borough Council and another v Hurstwood Properties (A) Ltd and others
Rating – Non-domestic rates – Special purpose vehicles

For more legal articles and to search our extensive archive, visit EG Legal 

 

To send feedback, e-mail jess.harrold@eg.co.uk or tweet @EGPropertyNews

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