The recent Supreme Court case of Fearn & others v Board of Trustees of the Tate Gallery has brought the ancient principles of nuisance under the spotlight. The decision has made headlines on all news channels, not just the legal
More about Tate that: When is a viewing platform an intrusion or nuisance?If you are a landlord who has a food and beverage (F&B) premises in your portfolio, or you are a prospective tenant who has found a site that is the perfect location for a restaurant, what are the top ten
More about Ten things to consider when letting a restaurantThe Contaminated Land Regime (“Regime“) governs the remediation of contaminated land in England and Wales and came into force on 1 April 2000. Over twenty years later, the Environment Act 1995 and the Environmental Protection Act 1990 (“EPA“) remain the
More about Unearthing contaminated landA local planning authority (“LPA”) can mitigate a development’s impact by making the grant of planning permission conditional on the completion of an agreement with, or a unilateral undertaking from, the landowner and/or developer. These agreements / undertakings (collectively known
More about What is a section 106 agreement?Miles J’s judgment in Re Sova Capital Ltd [2023] EWHC 452 (Ch) will, like that of Jonathan Hilliard QC in Re Petropavlovsk Plc,be welcomed as a further example of the courts acting to assist insolvency practitioners selling assets in unusual
More about Re Sova Capital Ltd [2023] EWHC 452 (Ch) Sale Of Assets, SanctionsIt is often in the interests of the parties to any dispute to settle the matter quickly and amicably. Litigation, being expensive and time consuming, is generally seen as a last resort. A crucial element of successful settlement discussions is
More about Off the record conversations – Reliance on the without prejudice rule and section 111a era – What are the limits?Relief under ss 423-425 Insolvency Act 1986 is not limited to cases of insolvency, as the decision of David Edwards KC, sitting as a High Court judge in the Commercial Court, in Integral Petroleum SA v Petrogat FZE & Ors
More about Integral Petroleum SA v Petrogat Fze & OrsThe substantive proceedings in Queensgate Place Ltd v Solid Star Ltd & Ors [2023] EWHC 93 (Ch) took the form of an unfair prejudice petition under s 994 Companies Act 2006 by which the petitioner, Queensgate Place Ltd, sought an
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