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The Mayor of London's Affordable Housing SPG: 10 things you need to know (part 1)

Published on 24 August 2017. By Caroline Bywater, Head of Planning

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This supplementary planning guidance, issued this month, builds on the Mayor's long-term aim for half of all new homes in London to be affordable (as defined in the London Plan). More will no doubt be heard in the revised London Plan when that emerges, but in the meantime here are some headlines which we hope help you cut through the SPG.

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Contractors and Insurers beware - Contractor found to bear the risk of an incorrect standard as fitness for purpose prevails in the Supreme Court

Published on 03 August 2017. By Rebecca Taylor, Trainee solicitor

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This morning the Supreme Court handed down its much anticipated judgment in MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited and another [2017] UKSC 59. The Judgment should be of concern to both contractors and their insurers.

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Who has to sign a s106 agreement?

Published on 02 August 2017. By Caroline Bywater, Head of Planning

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The question of who needs to sign a s106 agreement can be a bone of contention between applicants and local planning authorities. Opposing views can risk planning consents being held up, or third parties challenging consents for failure to properly secure essential mitigation. So who, then, should sign planning agreements?

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Is it game over for ground rent?

Published on 01 August 2017.

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Considering the recent Government proposals to change the rules on ground rent and how those proposals may affect developers.

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Advertisement consent – five rules for retailers

Published on 26 July 2017. By Caroline Bywater, Head of Planning

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A summary of advertisement control for retailers in England, including deemed consent provisions, applications, standard conditions and discontinuance orders.

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Stay in your lane! How expert witnesses can stray away from their duty to the Court

Published on 24 July 2017. By Philippa Lutter-Paz, Associate

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The judgement in 125 OBS Nominees (1) and anr v Lend Lease Construction (Europe) and anr [2017] provided useful judicial clarification as to when expert evidence from certain disciplines will and will not be appropriate and how experts can walk a fine line between advocating their client's case and providing independent evidence.

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What is "reasonable" when making a recovery?

Published on 18 July 2017. By Philippa Lutter-Paz, Associate

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Recovering sums paid out in settlement through court proceedings is an area of law where the Court's ability to resolve a dispute according to what is fair, proportionate and commercially sensible is alive and well.

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Complex contracts and intricate inconsistencies – a reminder of the court's approach to contractual interpretation

Published on 18 July 2017. By Dan Preston, Partner and Rebecca Taylor, Trainee solicitor

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In a year in which the Supreme Court will have produced two Judgments on the topic of contractual interpretation, the TCC's judgment in 125 OBS v Lend Lease is a useful reminder of the courts' approach to resolving these disputes and their attempt to find a balance between the so-called literal and commercial approaches to interpretation.

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Cherry picking in an adjudication is fine – as long as you're the Referring Party

Published on 03 July 2017. By Dan Preston, Partner

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It has been established for some time that Referring Parties have the right to 'cherry pick' its claim for the purpose of adjudication - essentially selecting part or parts of a wider application or dispute and referring those to an adjudicator to make an award on rather than the full dispute or an entire account.

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Even More Challenging Times – 5 More Risks Following The Grant of Planning Permission

Published on 14 June 2017. By Caroline Bywater, Head of Planning

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This post is the second in a two-part series in which we highlight ten areas where the risk of a third party challenge against the grant of planning permission might arise. The list we have given is not exhaustive, but all issues fall within the broad parameters for judicial review grounds, being decisions which have been taken irrationality, ultra vires (outside the scope of the authority's powers), or with procedural irregularity.

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