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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


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


'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


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 - 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


Judicial review and promptness - Buglife issue I
  • Gowling WLG
  • United Kingdom
  • June 24 2011

A challenge to a decision by a public body by way of judicial review must be brought "promptly and in any event within three months"


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 - compensation for new road schemes
  • Gowling WLG
  • United Kingdom
  • December 15 2011

Under Part 1 of the Land Compensation Act 1973 (LCA), owners of houses affected by noise andor other nuisance arising from the construction and operation of public works may claim compensation for depreciation to the value of their properties


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


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