In early October 2012, the Court of Appeal gave welcome guidance on the application of an old rule known as Rylands v Fletcher (named after the case that established it in 1868) to damage caused by fire. The rule provides that a person, who brings something onto his land which is likely to do mischief
Monthly Archives: October 2012
Government proposes certain planning applications be sent directly to Secretary of State
The development industry has hardly had a chance to catch its breath since the introduction of the Localism Act and CIL when yet another raft of proposals to fundamentally reform the planning system landed on our desks last week. At first glance, The Growth & Infrastructure Bill will, if passed, assist developers in getting schemes
Electronic Communications Code
The Law Commission today closes its consultation on reform of the Electronic Communications Code. Famously described as “one of the least coherent pieces of legislation on the statute book” by Lord Justice Lewison in a 2010 judgment, the Code gives telecommunications operators rights over private land to further the coverage of their networks. Long thought
First Prosecution For Squatting In Residential Premises
Since 1 September 2012 it has been a criminal offence to squat in a residential property. The new offence is punishable by a maximum prison sentence of 6 months and/or a fine of up to £5,000. Following the introduction of the new law, a flurry of arrests was reported to squatters’ support groups such as
Is it RIP for the RPI?
The Retail Prices Index has been an official inflation measure since 1956 but a new consultation could spell the end for its current popularity in real estate transactions. Launched on 8 October, respondents are invited to consider options for bringing the calculation of the RPI in line with the Consumer Prices Index. The Treasury estimates
Supreme Court stops occupiers from enfranchising commercial premises
In a brave move, the Supreme Court has allowed appeals by two London landlords in Day v Hosebay and Howard de Walden v Lexgorge and clarified what can reasonably be called a house under the Leasehold Reform Act 1967. Senior Associate, Tim Reid, applauded the unanimous decision for its clarification of the law: “It has
Legal A-Z: “A” – Access to Neighbouring Land
Q: Can I enter onto my neighbour’s land to repair my boundary wall? A: A property owner may be liable for trespass if he ventures onto his neighbour’s land without permission, licence, or a contractual or statutory right. A building owner wanting to build or repair a wall on or near the boundary, or to
Modern leases show flair
At this year’s Hogan Lovells real estate seminar, the central theme was the 1970s. Since that era, with its ubiquitous standard forms of lease, real estate as an asset class has become more sophisticated. This in turn has driven the development of the underlying investment and occupational instrument, the lease. At the seminar, Oliver Chamberlain
Assets of Community Value – a proverbial pain or a communal benefit?
Watch out all owners of pubs! New planning laws mean that land and buildings which are of “community value” cannot be sold without local communities having the opportunity to bid for them. You may well ask what the meaning of “community value” is and will not be surprised to learn that it could mean just
40 Years of Retailing
“Don’t stop till you get enough” – Jackie Newstead reviewed the changes in retailing over the last 40 years at this year’s Hogan Lovells 2012 real estate seminar. Jackie entertained the audience with reminisces of green shield stamps, brutalist architecture and flared trousers. Moving swiftly through the 70s, 80s and 90s to today’s trends, Jackie