Insights: Legal Updates - September 2011

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Section 106 obligations: reducing the affordable housing requirement - renegotiation or appeal


Over the last couple of years, it has become increasingly common for disputes to arise as to whether or not a proposed development would be viable if it is required to carry an affordable housing obligation that is consistent with local planning policy. A recent Court of Appeal decision provides an interesting insight into how […]

Keep Calm & Carry On - Don't Panic!

Eddie Powell |

“Keep Calm And Carry On” was a poster produced by the British government early on during the Second World War. It was intended as an exercise in morale boosting for the British public. Seventy years on, the slogan finds itself at the centre of another battle in Europe, this time before the European Community Trade […]

Gifts of art to the nation


Tomorrow is the last day for responding to the Government’s consultation paper on the new scheme for tax incentives for giving art to the nation. The idea was first raised in the March 2011 budget. The rationale, according to Jeremy Hunt, Secretary of State for Culture, Media and Sport, is that (and I paraphrase the […]

Design defects. Who pays?

Gillian Birkby |

Who pays the employer when a consultant and a subcontractor are both partially responsible for a design defect? The “joint and several liability” rule means that in this situation the innocent employer can pursue either or both of them for 100 per cent. of the damages it is claiming, which is particularly useful if one […]

Putting the Construction Act amendments into your T's & C's


The Construction Act (also known as the Housing Grants etc Act) is to be amended and will apply in its amended form to all construction contracts entered into on or after 1 October 2011. The changes affect the payment clauses, compensation after suspension for non payment and adjudication. Where the contract does not comply with […]

A new lease of life


A little used statute, which has sat on the shelf since 1930, has finally been taken down and dusted. The Third Parties (Rights Against Insurers) Act 1930 gave the Claimant the right to bring a claim direct against insurers where the insured Defendant had become insolvent. A major advantage of the Act was that insurance […]