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Results: 1-10 of 47

Contract - can a buyer terminate a contract post-completion where a seller is in breach?
  • Gowling WLG
  • United Kingdom
  • January 25 2012

The usual remedy for a breach of contract is damages payable by the defaulting party


'Salami slicing' to avoid environmental impact assessment
  • Gowling WLG
  • United Kingdom
  • June 28 2012

Where a development proposal falls within one of the 'Schedule 2' categories in the Environmental Assessment Regulations, the developer must seek a screening opinion from the local planning authority


Restrictive covenants - how a covenant can be discharged by the death of the original vendor
  • Gowling WLG
  • United Kingdom
  • January 21 2011

Where a covenant prohibits action without the consent of the vendor, two questions arise


Planning - the new Planning Court, revised planning guidance, restated green belt policy, and what constitutes a screening opinion
  • Gowling WLG
  • United Kingdom
  • March 26 2014

As mentioned in our alert of NovemberDecember 2013, a new and specialist Planning Court is being created. It will open for business on 6 April 2014


"Once a highway, always a highway"
  • Gowling WLG
  • United Kingdom
  • April 8 2009

The case of R (on the application of Smith) v The Land Registry and Cambridgeshire County Council considered whether a claim for adverse possession was sufficient to override highway rights


Ellis v Secretary of State for Communities and Local Government
  • Gowling WLG
  • United Kingdom
  • May 7 2009

This case confirms that when applying for a certificate of lawfulness for a use in breach of planning control, the applicant must show ten years' continuous use up to the date of the application


Validity of a "tailpiece" on a planning condition
  • Gowling WLG
  • United Kingdom
  • March 15 2012

Planning conditions often have words at the end of the condition which seek to allow the planning authority some control over the future regulation of the terms of the condition


Planning update - a round-up of some of this month's decisions relating to planning - February 2014
  • Gowling WLG
  • United Kingdom
  • February 27 2014

In R (on the application of Thakenham Village Action Ltd) v Horsham District Council 2014 EWHC 67 (Admin), Lindblom J considered the validity of a


Planning - Supreme Court decision finally deals with "as of right" in town and village green cases
  • Gowling WLG
  • United Kingdom
  • May 29 2014

One of the early town and village green (TVG) cases dealt with land owned by a local authority and used for many years as informal public open space


Planning - Limitations on planning permissions
  • Gowling WLG
  • United Kingdom
  • May 29 2014

Since the "I'm Your Man" case in 1998 (I'm Your Man Ltd v Sec of State for the Environment), it has been settled law that if a limitation is to be