Practice point
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Contractual right to acquire land lost in renegotiation
Whether a contractual right to acquire an interest in land survives a renegotiation depends on…
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Can the Upper Tribunal award costs where it acts as arbitrator?
The Tribunal was asked to determine whether or not it has power to award costs under the 1949 Act
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Sale of development land – implied term plugs gap in contract
The case concerned a contract for sale of a mixed-use development site in Sheffield
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Compulsory purchase – compensation must reflect true value of the property
The parties could not agree on the compensation payable
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Council’s decision quashed by High Court for contradicting planning condition
R (on the Application of Friends of West Oxfordshire Cotswolds) v West Oxfordshire District Council and another
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The importance of having a viable viability assessment
The High Court underlines the importance of ensuring viability assessments are watertight
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One-off oil spill is not a continuing nuisance
Jalla and another v Shell International Trading and Shipping Ltd and another
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Heads of terms not legally binding – too much left wholly in the air
Pretoria Energy Company (Chittering) Limited v Blankney Estates Ltd
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Basement development – high level of recklessness cannot be an accident
An accident for the purposes of an insurance policy is an act, intentional or otherwise, which has an outcome
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Misrepresentation in property sale – seller liable for damages
The claimant acquired the flat in Cardiff in July 2016 for £300,000
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Public Order Act – proportionality plays no part in conviction under section 14
The offence is where the ingredients of the offence themselves strike the proportionality balance
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Dispute resolution mechanism precludes reference to court unless deadline met
Time is of the essence in relation to the referral