Legal
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Householder permitted development rights
Hilton v Secretary of State for Communities and Local Government [2016] EWHC (Admin) was a case dealing with the interpretation of householder permitted development rights. The case has aroused a…
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The meaning of “environmental damage” within Directive 2004/35/EC
In R (Seiont, Gwyrfai and Llyfni Anglers’ Society) v Natural Resources Wales [2016] EWCA Civ 797 the Court of Appeal had to consider whether, for the purposes of the Environmental…
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The interpretation of the Costs Guidance in determining whether a costs order is made
In R (o.a.o Trago Mills Ltd) v Secretary of State for Communities and Local Government [2016] EWHC 1792 (Admin) Trago Mills Ltd appealed the Examining Authority’s refusal of their application…
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Unlawful change of use of premises
In Kestrel Hydro v Secretary of State for Communities and Local Government [2016] EWCA Civ 784, the Court of Appeal had to consider the circumstances in which an enforcement notice…
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The role of government guidance in World Heritage Sites
In R (on the application of Save Britain’s Heritage) v (1) Liverpool City Council (2) Regeneration Liverpool and Neptune In Partnership Ltd [2016] EWCA Civ 806, the Court of Appeal…
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R (on the application of Stonegate Homes Ltd) v Horsham District Council
Town and country planning, Neighbourhood plan
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R (on the application of Stonegate Homes Ltd) v Horsham District Council
Town and country planning – Development – Neighbourhood plan – Claimant developers applying to quash decision of defendant local authority to make Henfield Neighbourhood Plan (HNP) – Whether defendants failing…
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Affirmation after repudiatory breach
The recent Court of Appeal judgment in MSC Mediterranean Shipping Company SA v Cottonex Anstalt [2016] EWCA Civ 789 may lead to innocent parties being prevented from affirming contracts in…
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Vanquish Properties (UK) Ltd Partnership v Brook Street (UK) Ltd
Landlord and tenant – Break clause – Notice – Limited partnership – Lease of commercial premises on lower ground floor of building – Limited partnership acquiring overriding lease of entire…
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Listed buildings and EPCs
Since their introduction almost 10 years ago, energy performance certificates (EPCs) have been regarded as little more than irritating pieces of paper that have to be obtained before a property…
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Commercial rent arrears recovery: the potted guide
In this month’s potted guide, Jonathan Seitler QC guides practitioners through the basics of the law relating to the recovery of rent arrears under a commercial lease by seizure of…
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Legal notes: Breaking bad
Allyson Colby looks at a case involving a break notice that was ruled ineffective owing to a problem with identity