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Masthead Education Property and Projects

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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.

News headlines

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.
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.
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.

Features and analysis

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.

Predecessor bodies and liability for contaminated land

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

Break clauses and vacant possession

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

Relevant defects: functionality not the test

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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.

Older articles

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.
Oct 13, 2016

If in doubt, strip it out

Anna Ralston examines the vexed question of "vacant possession" and analyses the lessons from a recent High Court case.
Sep 15, 2016

Rights to light and injunctions

The Court of Appeal has imposed an injunction against a developer in a right to lights case. Jennifer Chappell reports.
Sep 12, 2016

Council brings legal challenge over listing of former school building

A council is to challenge a Welsh minister’s decision to list a former school building that the authority wants to demolish.
Aug 25, 2016

Superior landlords and consultation

The Upper Tribunal recently considered the extent of consultation a superior landlord must carry out if intending to carry out works or enter a qualifying long term agreement. Jonathan Upton sets out the key findings.
Jul 14, 2016

Rights of way and continuity

A recent Court of Appeal rights of way case raises some nice points in respect of easements, says Peter Petts.
Jul 14, 2016

LGO criticises council for inconsistent application of policy in green belt planning application

The Local Government Ombudsman has criticised a council for allowing a five bedroom house to replace a dormer bungalow on Green Belt land and reminded planning authorities of their duties to correctly and consistently apply relevant policies when…

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