Articles
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Most Recent Articles
Planning, Local Government & Administrative Law Case Update March 2013 (click to view/download)
12 May 2013
This article is the latest in a series of monthly case law updates looking at recent cases of interest from both Scotland and England & Wales in the fields of planning, local government and administrative law.
In this month's update a decision that considers the English equivalent to section 75 agreements is considered, along with an appeal against an Abatement Notice under the Environmental Protection Act 1990 and another case examining the recurring question of whether it is competent to seek suspension against the Crown.
Planning, Local Government & Administrative Law Case Update February 2013 (click to view/download)
02 May 2013
This article is the latest in a series of monthly case law updates looking at recent cases of interest from both Scotland and England & Wales in the fields of planning, local government and administrative law.
In this months update another case concerning the EIA regulations is considered, as well as an interesting decision regarding travelling showpeople. Away from planning, an important decision of Sheriff Principal Pyle regarding revocation of premises licences and the licensing objectives is also discussed.
Guarantees and Entire Agreement Clauses (click to view/download)
29 Apr 2013
In this article Andrew Bowen QC looks at guarantees and entire agreement clauses, specifically in the case of Re Atlantic Fashions Ltd (Papanicola v Sandhu). Challenges are frequently made to guarantees given by company directors as surety for the companys payment or repayment obligations. Re Atlantic raised the novel issue of whether an entire agreement clause in a share purchase agreement was effective to prevent the surety, as opposed to the company buying the assets, relying on a collateral contract. The issues at the trial also concerned whether, as a matter of fact, the parties to the SPA had agreed to reduce the price via a collateral contract.
This article was first published in Green's Business Law Bulletin, Issue 122 (published February 2013) and is reproduced here with the kind permission of W. Green, The Law Publishers.
Break Clauses and Irritancies - Some Common Pitfalls in Commercial Leases (click to view/download)
26 Apr 2013
In this article Robert Sutherland examines break clauses and irritancy clauses, which allow the parties to a lease to specify within the terms of the agreement itself that the lease might be terminated before the expiry of its full term. They can however contain a number of traps for anyone trying to use them if there terms are not considered carefully and the correct procedures are not followed.
This article is an abbreviated version of a talk given at Terra Firma Chambers Property Law Conference on 18 April 2013.
Planning, Local Government & Administrative Law Case Update - January 2013 (click to view/download)
25 Feb 2013
This article is the latest in a series of monthly case law updates looking at recent cases of interest from both Scotland and England & Wales in the fields of planning, local government and administrative law.
In this months update yet another case regarding breach of planning control by Gypsies is examined, along with a case concerning the interpretation of conditions attached to a grant of planning permission. Away from planning, two licensing cases are considered, including an interesting case concerning overprovision.
Planning, Local Government & Administrative Law Case Update - December 2012 (click to view/download)
14 Feb 2013
This article is the latest in a series of monthly case law updates looking at recent cases of interest from both Scotland and England & Wales in the fields of planning, local government and administrative law.
In this months update an interesting decision from Northern Ireland on Protective Costs Orders in environmental challenges is considered, along with decisions concerning the interplay between planning law and the ECHR and Equality Act 2010 respectively. Away from planning, a little known Act of Parliament from 1822 imposing liability on local authorities for damage to property following public disorder is also examined.
Articles Archive
All older stories are placed in our Articles Archive, click the link to view these articles.
14 May 2013