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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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Blog

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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Blog

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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Blog

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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Challenging Times - 5 Risks Following The Grant of Planning Permission

Published on 06 June 2017. By Caroline Bywater, Head of Planning

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Developers and local authorities will be only too aware that third parties can challenge a grant of planning permission through the courts by way of a judicial review. An application for such a challenge is costly, and must be made quickly. Further, it can only be brought on limited grounds. Whilst this may offer a developer or local authority some comfort, it is worth being aware of some of the more common grounds of challenge so that steps can be taken to minimise the risk of these arising.

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Blog

Pre-loading the pre-app?

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

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Discussion on the planning pre-app process considering cost and time considerations and the benefits and concerns of going through this initial advice process.

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Blog

You can't park there!

Published on 17 May 2017. By Caroline Bywater, Head of Planning

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A summary of the May 2017 Court of Appeal decision in Khodari relating to whether parking permit restrictions can be secured in agreements made under s106 Town and Country Planning Act 1990.

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Blog

Restrictive Covenants: Public Policy v Legal Obligations

12 May 2017

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A commentary on the recent case of Millgate Developments v Smith concerning the breach of a restrictive covenant.

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EIA – a new role for the planning system in considering the health impacts of development?

Published on 10 May 2017. By Caroline Bywater, Head of Planning

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A summary of the EIA Regulations 2017 and the consideration as part of the planning application process of a proposed development's likely impacts on human health.

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