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Operators of noise-generating businesses sometimes have good reason to fear the consequences of residential development nearby. In one case, however, planning permission for construction of 79 new homes on a site adjoining a historic airfield survived a High...
The legal right that many commercial tenants enjoy to have their leases renewed can be overcome if their landlords 'intend' to occupy the premises for their own business or residential purposes. However, as a High Court ruling made clear, the concept of...
If you run a business and feel that you were wrongly denied government financial support during the COVID-19 pandemic, you should contact a solicitor straight away. A small fashion retailer who did just that succeeded in a High Court challenge . The...
Tenants who fail to pay their rent on time place themselves in real danger of having their leases forfeited. As a Court of Appeal ruling showed , that risk exists no matter how small the arrears and no matter how short the delay in payment may be. The case...
Friends who go into business together sadly often forget that personal relationships do not always stand the test of time. Trust alone does not provide a firm foundation for such ventures and, as a High Court ruling showed, legal formality at the outset...
Noise pollution may blight people's lives, but it by no means always amounts to an unlawful nuisance for which compensation is payable. The High Court resoundingly made that point in a case concerning a holiday park frequently overflown by noisy RAF jets. ...
Where the COVID-19 pandemic rendered the use of commercial premises illegal or unviable, should the resulting losses fall on the landlord or the tenant? The High Court pondered that burning issue in a decision of vital importance to property professionals...
Those who are awarded public contracts very often make substantial investments in property and equipment so that they can perform their obligations – but who owns the product of such investments? The High Court considered that issue in a case...
Justice should not only be done but should be seen to be done. That phrase may be somewhat hackneyed but, as a High Court planning case showed , it is a golden rule that serves to root out even the appearance of bias in official decision-making. The case...
Few human activities are entirely risk free but, when deciding whether to authorise potentially hazardous developments, planning professionals have to keep the worst-case scenario well in mind. In a case on point, the High Court opened the way for...