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CIL – self-build exemption

The Community Infrastructure Levy Regs allow an LA to charge a levy on new buildings granted, or deemed to have been granted, planning permission. Payment is triggered by commencement of development, but there is an ...

SRA – principles, not rules

The SRA has a new focus on ‘principles’ and ‘professional judgement’, as opposed to ‘rules’.   

Inevitably, a principles-based approach is more uncertain than a rules-based approach, and it is therefore more important for firms to have ...

Notices – death

What happens if a notice is served on someone who is dead? The answer depends on whether or not the person serving the notice knows that the intended recipient has ...

Roof – disrepair

Suppose your client is the leaseholder (T) of a flat on the top floor of a block of flats, and sub-lets the flat on an assured shorthold. The sub-T says bad weather has broken some ...

Compensation – or supplying a service?

There is no VAT due on compensation payments (eg an agreed dilapidations liability). But, in every situation you have to look at the nature of the payment – if it is genuinely compensatory then there ...

Whistleblowing – manager’s liability?

A chief executive made whistleblowing disclosures in relation to corporate governance. Some months later, two directors agreed that he should be dismissed. The whistleblower then sued those two directors personally (as well as the company) ...

Concurrent lease – what is it?

Are you entirely sure that you know what a concurrent lease is? This note (from Forsters) looks at a real-world ...

EC competition – new joint ventures

The ECJ has held that the creation of a joint venture only requires competition filing and clearance from the EC if it will be a ‘fully functioning’ commercial entity. This is an important change. A ...

Debt claims – pre-action protocol

The new pre-action protocol for debt claims against individuals came into force on 1 October 2017. It applies to all debt claims brought by businesses (including sole traders and public bodies) against individuals (including sole ...

Children – adoption

A judgment taking a ‘linear structure’ does not itself make the judge’s analysis or ruling wrong. In this case, care and placement orders were made in respect of a child, and M ...

Manslaughter – foreseeability

In assessing reasonable foreseeability of serious and obvious risk of death in cases of gross negligence manslaughter, it was not appropriate to take into account what a reasonable person in D’s position would have known ...

Overage – non-compliance

A recent case involved an overage agreement whereby seller sold land (which had planning permission) to buyer. The sale agreement allowed seller ten months in which to get planning permission for an increased square footage ...


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