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Masthead Healthcare Property and Projects

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Crichel Down Rules: new case law

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.

News headlines

Apr 20, 2018

Council and NHS Property Services lose Court of Appeal cases on village greens

The Court of Appeal has handed down a key ruling in conjoined cases covering village greens, land owned by public bodies and the concept of “statutory incompatibility”.
Apr 20, 2018

Judge to give directions in NHS trusts business rates dispute

A judge was due this week to give directions in a case being brought by a group of hospitals who claim they should not be liable for business rates.
Apr 04, 2018

RICS consults on Code for Leasing Business Premises to make legal drafting efficient

The Royal Institution of Chartered Surveyors (RICS) has released a consultation on the Code for Leasing Business Premises.
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.
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.

Features and analysis

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.

Developer contributions: reforms

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The regime for developer contributions is set to be reformed. Stephanie David examines the proposals in the government's consultation.

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

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.
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.
Jun 29, 2017

Estimates, service and waivers

A London borough has successfully appealed a First Tier Tribunal ruling on service charges. Richard Alford explains why.
May 12, 2017

Conditions and PD rights

When does a condition restricting use remove permitted development rights? Roy Pinnock provides an update following a recent Court of Appeal ruling.
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.
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 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).
Mar 09, 2017

Challenging costs limits in Aarhus Convention claims

The CPR rules on ‘Aarhus Convention Claims’ have just changed. William Upton explains how the neat simplicity of the provisions have been replaced by rules that will allow for satellite litigation about costs. Access to environmental justice has…
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

Air quality, habitats and alternative sites

The Court of Appeal has issued a ruling in an air quality and habitats challenge relating to Ashdown Forest. James Maurici QC explains the outcome.
Feb 08, 2017

The cost of compulsorily acquiring land

How much does it cost a local authority to compulsorily acquire land? Chris Skinner explains in his latest article on CPOs.
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
Feb 02, 2017

Bevan Brittan recruits healthcare property partner to Leeds office

Law firm Bevan Brittan has strengthened the healthcare property practice in its Leeds office with the hire of James Atkins as a partner.
Jan 12, 2017

Neighbourhood plans - here to stay

Martin Edwards provides an update on the growing significance of neighbourhood plans.
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 18, 2016

Accidents and control of premises

James Buchanan and Lewis MacDonald analyse a recent case where the Health & Safety Executive brought proceedings against the freeholders of commercial properties where accidents had occurred.

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