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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


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

We are grateful to No 5 Chambers for providing their Practical Note on which this summary is based


"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


Ardagh Glass Ltd v Chester City Council (1) Ellesmere Port and Neston Borough Council (2) and Quinn Glass Ltd (3)
  • Gowling WLG
  • United Kingdom
  • May 7 2009

The Elton Works was designed to be the largest glass container factory in Europe, having formerly been a power station


Landlord and tenant - is a tenant entitled to refuse to complete a lease if vacant possession of a small part of the demise cannot be obtained?
  • Gowling WLG
  • United Kingdom
  • July 22 2010

The developer had a building lease of a site on which it was to develop seventy flats, with commercial space underneath


The effect of disclaimer on an authorised guarantee agreement
  • Gowling WLG
  • United Kingdom
  • April 8 2009

Under the Landlord and Tenant (Covenants) Act 1995, when a "new" lease is assigned, the outgoing tenant is automatically released from liability


Planning
  • Gowling WLG
  • United Kingdom
  • January 21 2011

In Betterment Properties (Weymouth) v James Carthy & Co, a developer tried to claim that because the highway authority had entered into an agreement under section 38 of the Highways Act 1980, the land included within the red line on the plan attached to the agreement was to be regarded as public highway


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