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Interpreting overage clauses

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

News headlines

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.
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.
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.

Features and analysis

Reverter of school site

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The heirs to a landowner who donated a site for a school more than 100 years ago recently claimed a substantial proportion of the proceeds of sale held by a council. James Goudie QC explains the outcome.

What if? Reflections on Carillion's collapse

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V. Charles Ward looks at the implications for public procurement of the collapse of Carillion.

Making demands for a service charge

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

EU grant funding terms

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

Older articles

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.
Feb 02, 2017

Using compulsory purchase powers to bring forward development on allocated sites

In the third article in a series on CPOs, Chris Skinner examines the use of compulsory purchase powers to bring forward development on allocated sites
Jan 05, 2017

Clarity and conduct

The RICS has issued a new edition of its dilapidations guidance note. Sarah Pope examines the key changes.
Nov 30, 2016

Council stymied over listing of school building days after High Court win

Wrexham County Borough Council has found itself unable to redevelop a school after one Welsh minister listed the building only days after another agreed to a High Court order quashing an earlier listing.
Nov 23, 2016

Skills Funding Agency warning university of legal action in planning row: MP

The University of Lincoln faces legal action by the government in a planning dispute, according to Sir Edward Leigh, the Conservative MP for Gainsborough.
Nov 18, 2016

The rise of the place shapers

Public sector real estate is having a real resurgence, writes Chris Plumley.
Nov 18, 2016

Devolution, local growth and borrowing

There have been suggestions that next week's Autumn Statement may deliver greater flexibility for combined authorities when it comes to borrowing. Judith Barnes looks at the benefits this would bring.
Oct 20, 2016

Interpreting tenancy agreements

William Dean summarises a recent ruling on the interpretation of tenancy agreements, where one of the parties was a city council.

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