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Masthead Healthcare 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.
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 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.

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.

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.

Estimates, service and waivers

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

Older articles

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.
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.
Nov 04, 2016

Managing property development

Clive Read sets out nine practical steps local authorities can take to successfully manage their property development.
Nov 02, 2016

Four-year battle over allotments ends after judge rejects challenge to appropriation

A four-year battle over the fate of allotments in Watford looks to have come to an end, after a judge rejected a legal challenge to the Communities Secretary’s grant of consent for appropriation of the land.
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.
Oct 12, 2016

Bevan Brittan hires Caton as health partner in London

Bevan Brittan has bolstered the health team in its London office with the hire of Carly Caton as a partner.
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.
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.

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