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Legal wrap: Procurement, e-signatures and arbitration for pandemic 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 the second in our three-part article series from lawyers at Charles Russell Speechlys based on their report Skyscraper vs Groundscraper – this time looking at the implications of the planning system and rights to light laws.

In addition, we have a round-up of the position for landlords and tenants on pandemic rent arrears, in advance of a planned arbitration process about which little is yet known. Meanwhile, Covid-19 has only accelerated the widespread adoption of electronic signatures – but what hurdles still remain, and where will things go next? These topics and more are just a click away.

Legal news

Council cannot use past oversupply of housing to mitigate future undersupply
Planning judge says there is no clear rule, so decision-makers should exercise their judgement

Stonewater loses legal dispute over development with too much social housing
The housing association claimed it was exempt from CIL

Estate trustees lose out in legal battle over Welsh mudstone
Welsh mudstone, says the Court of Appeal, doesn’t qualify as a stone under a 1919 agreement

Legal features

Skyscrapers vs groundscrapers: everything in the right place
James Souter and Claire Fallows consider whether planning and rights of light laws help deliver the ideal development where it is needed

Where do we stand on Covid rents?
Mark Sefton QC and Anthony Tanney look at the uncertain position for landlords and tenants

The unstoppable rise of the e-signature
Katherine Crowley and Kathryn Oie chart the phenomenal success of electronic signatures and consider their future direction

A matter of national security
John Hiscock asks what is needed from the section 3 statement under the National Security and Investment Act 2021

A development in government procurement policy
Procurement Policy Note 06/21 requires certain government suppliers to adopt a net-zero CRP, explains Jenny Broderick

Legal notes: Credits roll on pandemic rent defences
Louise Clark analyses the latest ruling in favour of landlords on unpaid rent during Covid-19

Practice points

Covenant objectors can be ordered to pay costs if they run hopeless arguments
Father’s Field Developments Ltd v Namulas Pension Trustees Ltd

Was a duty of care owed to a trespasser?
Ovu v London Underground Ltd

Mines and minerals: what was intended at the date of grant?
Wynne-Finch and others v Natural Resources Body for Wales

Case summaries

Father’s Field Developments Ltd v Namulas Pension Trustees Ltd
Restrictive covenants – Costs

Stonewater (2) Ltd v Wealden District Council
Town and country planning – Community infrastructure levy – Social housing relief

R (on the application of Hillingdon London Borough Council) v Secretary of State
Town and country planning – Approval – Local authority

Ovu (Administratrix of the Estate of Ovu, deceased) v London Underground Ltd
Occupier’s liability – Trespasser – Duty of care

Wynne-Finch and others v Natural Resources for Wales
Land – Mines and minerals – Trespass

Law report

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

 

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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