Local planning authorities are able to secure planning obligations restricting the use of land or to provide for financial contributions towards local facilities and infrastructure. Developers can similarly offer to enter into restrictions or to make contributions.
Derivative claims are a new remedy available to shareholders of a Company under the Companies Act 2006.
A recent High Court decision provides a reminder of the law on partners’ obligations following dissolution of a partnership and the ability of partners to bind former partners to new contracts following dissolution of the partnership.
Unless the specific contracting-out arrangements are in place, a lease of business premises used for business purposes will have the protection of the Landlord & Tenant Act 1954.
Action groups are frequently formed by local residents to challenge property development in local neighbourhoods. They are increasingly encountered in resistance to planning applications. Another avenue frequently explored is the registration of land as common land or as a town or village green.
If conditions are imposed in a Lease before a Tenant can validly exercise a break option, it is essential to ensure that these conditions are satisfied, or can be satisfied, when the break takes effect. These issues came to the fore in a recent Court of Appeal decision involving warehouse premises.
The Court of Appeal has recently warned (at the risk of stating the obvious) that expensive and long drawn out litigation concerning the execution of a document by a company can be avoided by taking greater care at the time documents are executed. For example, ensuring that words are added expressly stating the capacity in which someone signs a document to which a company is a party.
The Department for Communities and Local Government has announced delays to its plans to amend the Energy Performance Regulations of 2007 to bring most of them into force on 1 July 2011.
The Lands Tribunal has recently upheld an appeal against a finding of the Valuation Tribunal in 2008 determining when commercial buildings were practically complete and therefore susceptible to inclusion in the rating list and liability for uniform business rates.
Limiting Liability. It is not uncommon for businesses to seek to limit their liability for claims in relation to goods sold or services provided to a customer. The extent to which any provision which seeks to exclude or limit liability within any standard terms and conditions of business or any bespoke contract is enforceable, will depend upon the nature of the contract, the party with whom the contract is made and whether it is considered by the Courts to be “reasonable”.
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