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Thinking - Blog
2014 – Another Year of Planning Reform
The past few years have seen a raft of changes to planning regime and 2014 seems set to continue with that trend. The matters below highlight some of the changes on the horizon.
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Thinking - Blog
Too close for comfort – LPAs fail on the duty to co-operate
You would have thought that by now, after nearly 2 years since the Localism Act and National Planning Policy Framework have been in place, that local planning authorities would have got their act together.
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Thinking - Blog
Adjudication - "Pay first, argue (now up to twice as much) later"
The recent Court of Appeal decision in Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc [2013] EWCA Civ 1541 clarifies that a limitation term is implied into every construction contract under the Construction Act 1996, where no express term exists.
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Thinking - Blog
Want to Control the Future?
A seller commonly wishes to restrict the buyer's use of land after the sale – sometimes forever and sometimes only for a limited period.
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Thinking - Blog
A Damp Squibb
The recent case of Squibb Group Ltd v (1) London Pleasure Gardens (2) London Borough of Newham [2013] EWHC 3275 (TCC) demonstrates that contractors cannot rely on funders to pay outstanding fees where an employer runs into financial difficulty.
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Thinking - Blog
It shouldn't be a hard sell. Getting your head around the known knowns and the known unknowns
Although Don Rumsfeld wasn’t talking about the sale of property when he talked about knowns, he makes an important point about knowledge. Picture the scene.
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Thinking - Blog
Pledging to use Alternative Dispute Resolution ("ADR")
On November 12th, signatories of The International Institute for Conflict Prevention & Resolution (CPR)'s new 21st Century Pledge will be announced.
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Thinking - Blog
Is sunlight a nuisance?
Reports that sunlight reflecting from the unusually shaped "Walkie Talkie" building at 20 Fenchurch Street in London has melted parts of a Jaguar motor-vehicle parked on Eastcheap Street raises an interesting question whether reflected sunlight or heat from a building is actionable in law.
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Thinking - Blog
Procurement Policy Note on EU Directives
The Cabinet Office has issued a Procurement Policy Note (“PPN”) which summarises the main outcomes of the new EU Directives relating to public procurement, utilities procurement and service concessions. The PPN also outlines the next steps in finalising and implementing the Directives.
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Thinking - Blog
HELP TO BUY: BOOM OR BUST?
The Help to Buy initiative forms part of the Government's Funding for Lending scheme.
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Thinking - Blog
SDLT group relief anti-avoidance – good news from HMRC
Last week saw some (much needed) good news on the topic of SDLT avoidance, that should clarify HMRC's approach to the common commercial practice of transferring a property intra-group, following the acquisition of a property-owning company (PropCo).
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Thinking - Blog
SDLT avoidance - HMRC victorious regardless of taxpayer 'motive'
HMRC has scored a resounding victory in the first case[1] to consider in any detail the wide-ranging SDLT anti-avoidance provision (section 75A of Finance Act 2003).
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Thinking - Blog
Insurers as lenders: what borrowers need to know
Insurers are the new show in town The make-up of providers of debt secured against UK real estate has changed dramatically.
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Thinking - Blog
When the levee breaks
Whilst the stalled talks between ABI and Government have recently re-started, in less than 8 weeks a substantial number of properties may suffer significant loss of capital value if their owners are no longer be able to obtain flood risk insurance.
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Thinking - Blog
Growth and Infrastructure Act 2013
The Growth and Infrastructure Act 2013 (the Act) was given Royal Assent on 25 April 2013.
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Thinking - Blog
Outsourcing Health & Safety – a step too far?
Michael Scott & Danielle Lodge question the wisdom of outsourcing health and safety responsibilities
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Thinking - Blog
Adjudicator's Fees
The Court of Appeal has confirmed that an Adjudicator is not entitled to any of his fees in circumstances where his decision is unenforceable.
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Thinking - Blog
Property Rental Business Transfers and Leases – Reclaiming VAT and SDLT
Last November, following the decision in the case of Robinson Family Limited, HMRC announced that a transfer of a property rental business can qualify as a "transfer of a going concern" (TOGC) – and therefore not attract VAT – even if the transferor retains a reversionary interest in the property.
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Thinking - Blog
What are the potential risks associated with BIM?
This is the second of three blogs about Building Information Models, or BIM. This blog will consider the potential risks associated with BIM, but don't worry we provide some practical advice on how these risks can be tackled in our final BIM blog.
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Thinking - Blog
Rights to Light Reform: Law Commission Consultation
On 18 February 2013 the Law Commission announced that it was beginning a consultation process regarding possible changes to the law governing "rights to light".
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Thinking - Blog
The End of the British High Street?
2012 was a hard year for the retail sector but 2013 is shaping up to be an even tougher year for High Streets in the UK.
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Thinking - Blog
Will Planning Performance perform?
On 22 November 2012, the Department for Communities and Local Government (DCLG) published a consultation entitled 'Planning performance and the planning guarantee' setting out, amongst other things, how the Growth and Infrastructure Bill's proposals to enable planning applications to be made directly to the Planning Inspectorate (PINS) would operate.
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Thinking - Blog
Rights of Light
Rights of light are an easement and are commonly acquired simply by a neighbour having enjoyed the light over a neighbouring building owner’s land for a period of 20 years without interruption.
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Thinking - Publication
The Week That Was - 17 January 2025
For this week's The Week That Was, we have taken a look back at the top construction cases of 2024, including many that were featured in previous TWTW editions.
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Thinking - Blog
A guide to buying and selling English residential property
We are seeing increased positivity in the English residential property market. In 2024, inflation reached the Bank of England’s 2% target, down from 11.1% in 2022, which was a significant factor in the return of consumer confidence and economic growth. Mortgage rates are falling slightly with approval rates at their highest level since 2022 as buyers continue to respond to increased certainty post-election. Property values are again on the rise while demand continues to outstrip supply.
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Thinking - Publication
The Week That Was - 10 January 2025
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 20 December 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 13 December 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 6 December 2024
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 29 November 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 22 November 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 8 November 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 1 November 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 25 October 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 18 October 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 11 October 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Blog
Architects' Code reforms – it's important that you have your say!
The Architects Registration Board (ARB) is consulting on a proposed new code of professional conduct for architects. The proposed new Code is shorter and simpler, but may be more complex to apply and more onerous. Architects should consider responding to the consultation by the deadline of 12 December 2024.
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Thinking - Publication
The Week That Was - 4 October 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 27 September 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 20 September 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 13 September 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 6 September 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 30 August 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
RICS disciplinary process: an overview for surveyors
Download our complete guide to the procedure involved in a disciplinary investigation against a chartered surveyor.
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Thinking - Publication
The Week That Was - 23 August 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 16 August 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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