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The NIA and compulsory purchase

Richard Guyatt examines proposals in the National Infrastructure Assessment for making the process of compulsory purchase simpler and fairer.

News headlines

May 23, 2018

Council "did not have vires to lease part of common to pre-school nursery"

The London Borough of Wandsworth did not have the vires to lease premises situated on a common to a private pre-school operator, the Court of Appeal has ruled.
May 04, 2018

Decision to register playing fields as village green unlawful: judge

A High Court judge has upheld a legal challenge by a school in Bristol and indicated that he will quash a council committee’s decision to register land as a village green.
Apr 26, 2018

Browne Jacobson advises city council on funding for £58m skills hub

Browne Jacobson has advised Nottingham City Council on a £18m loan facility to fund the construction of a flagship £58m skills hub for Nottingham College.
Mar 14, 2018

Court rejects claim against council brought by heirs of donor of school land

Oxfordshire County Council does not owe money to the heirs of someone who donated land more than 100 years ago to provide a school, a High Court judge has ruled.

Features and analysis

Crichel Down Rules: new case law

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A High Court case has offered new judicial guidance on the Crichel Down Rules that is of importance to local authorities and landowners. Patrick Robinson and Alex Minhinick set out the key points.

Publicly held land and village greens

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The Court of Appeal has handed down a landmark judgment on use of publicly held land. Ashley Bowes, Jonathan Clay and Matthew Lewis consider the implications.

CPO and compensation: key changes

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Gary Soloman looks at a number of provisions relevant to compulsory acquisition in the Neighbourhood Planning Act 2017 and Housing and Planning Act 2016 that come into force on 6 April 2018.

Interpreting overage clauses

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Overage continues to be a potential minefield. James Hall analyses the latest case on interpretation of a clause.

Older articles

Feb 28, 2018

University of Reading chooses VWV for property disposal

The University of Reading has appointed law firm Veale Wasbrough Vizards to a £160,000 contract to sell a site in North Didcot.
Feb 16, 2018

What if? Reflections on Carillion's collapse

V. Charles Ward looks at the implications for public procurement of the collapse of Carillion.
Jan 16, 2018

Council takes legal advice after planning appeal on new school dismissed

The London Borough of Bromley has said it has taken legal advice after the dismissal of a planning appeal about a proposed boys school.
Nov 10, 2017

Law Society issues new model leases to simplify commercial property transactions

The Law Society has issued new short form model leases aimed at streamlining commercial property negotiations and finding a fair balance between landlord and tenant.
Nov 02, 2017

University of Reading to procure legal partners for property disposal

The University of Reading is to procure legal partners to provide legal services worth an estimated £160,000 in relation to a property disposal.
Oct 27, 2017

Making demands for a service charge

A recent Court of Appeal case demonstrates how care is needed when making demands for a service charge, writes Sian Evans.
Sep 15, 2017

EU grant funding terms

Would your compliance with EU grant funding terms stand up to scrutiny? Tiffany Cloynes looks at the potential issues.
Sep 08, 2017

Report on highways contract litigation costing county £20m+ criticises documentation

A report into Cumbria County Council’s termination of a highways maintenance contract and subsequent litigation that cost the local authority £26m between 2012 and 2017 has criticised the contract documentation.
Aug 24, 2017

Predecessor bodies and liability for contaminated land

A Court of Appeal judgment has wide ramifications for local authorities in relation to their liabilities under the contaminated land regime, writes Anna Fellows.
Aug 03, 2017

Break clauses and vacant possession

Katie Hickman examines an important High Court ruling for public sector tenants and landlords on break clauses and vacant possession.
Jul 07, 2017

Relevant defects: functionality not the test

The Court of Appeal has considered whether the freeholders of a building were potentially liable under section 4 of the Defective Premises Act 1972 for injuries sustained by a man who fell down its stairs. Matthew Hyam and Simon Jones report.
May 17, 2017

County nets permission for appeal in village green and school land case

Lancashire County Council has secured permission to appeal a High Court ruling that backed an inspector’s decision to register part of land near a primary school as a village green.
May 01, 2017

Personal injury and s.41(1A) Highways Act 1980

Andrew Clarke examines a ruling that a defendant highway authority was not liable for a claimant’s fall caused by ice on a footway which had not been treated.
Apr 06, 2017

Lessons from Edinburgh Schools PFI

A recent report into the Edinburgh Schools PFI contains important lessons for public sector clients, writes Louise Jobling.
Mar 28, 2017

Refurbishment works and business rates

In a decision that will be welcomed by developers and property owners, the Supreme Court has held that a commercial property undergoing extensive refurbishment works was effectively exempt from business rates. Petra Billing and Ian Brierley report.
Mar 16, 2017

Academy conversions from within PFIs

David Wall examines the key issues raised in relation to academy conversions for schools within existing Private Finance Initiatives (PFIs).
Mar 10, 2017

Judge rules campaigners did not have standing to bring procurement challenge

Waverley Borough Council has persuaded a High Court judge that a group of councillors and local residents did not have standing to bring a judicial review claim that a contract with a developer had been varied in breach of procurement law.
Mar 10, 2017

Ealing defeats latest challenge to siting of QPR training on metropolitan open land

The London Borough of Ealing has successfully defended its decision-making in the latest round of litigation over the proposed siting of training facilities for football club Queen’s Park Rangers on metropolitan open land (MOL).
Feb 16, 2017

Is there any body there?

What exactly is an 'unincorporated body' for the purposes of the Assets of Community Value legislation? Simon Adamyk looks at the difficulties created by the wording and reviews the key tribunal decisions.
Feb 09, 2017

Settlement agreements and the procurement rules

Daniel Milnes examines a Court of Justice of the European Union case on whether a settlement agreement can amount to a regulated modification of a contract.

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