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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


Notices to treat under a compulsory purchase order
  • Gowling WLG
  • United Kingdom
  • June 11 2009

Once a compulsory purchase order (CPO) is confirmed, the acquiring authority follows one of two methods to ensure that title to the land is obtained and possession taken


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


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


Wrongful use of power to designate a conservation area
  • Gowling WLG
  • United Kingdom
  • February 17 2011

Local planning authorities (LPAs) are under a duty to determine which parts of their area are of "special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance" when designating conservation areas


Planning - highways
  • Gowling WLG
  • United Kingdom
  • May 10 2010

Everyone knows the phrase "once a highway always a highway" - it is trotted out at the beginning of every lecture, training session or seminar on highways


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
  • 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