Gleeson’s bid to build in Malmesbury succeeds in spite of local opposition
Posted by Pritpal Singh Swarn on September 25 2014 in Commercial property, Planning, Real estate, Residential development

Photograph of Pritpal Singh Swarn

The potential for conflict between the national need for more housing (encapsulated in the National Planning Policy Framework) and the desire to give local communities a voice in development on their doorstep was brought into sharp focus by a dispute arising from an application by Gleeson to build 180 houses on the outskirts of Malmesbury, Wiltshire. Gleeson’s proposed development had entered the planning pipeline before Malmesbury had produced its draft Neighbourhood Plan which, when published, opposed the planned site of the development. This opposition caught the attention of the Secretary of State for Communities and Local Government (DCLG) - but only after he had already allowed the case to be determined by the Planning Inspector. What then followed was almost worthy of an episode of ‘Yes, Minister’.


Recovery of success fees and insurance premiums no longer possible after April 2015
Posted by Monica Kapur on September 24 2014 in Commercial litigation & dispute resolution, Restructuring & insolvency

Photograph of Monica Kapur

Conditional Fee Agreements (CFA) success fees and After The Event (ATE) insurance premiums will no longer be recoverable in proceedings brought by liquidators, administrators, trustees in bankruptcy, or companies in liquidation or administration. This means that defendants will no longer be liable for success fees and ATE premiums in claims


Insurance law update
Posted by Susan Hopcraft on September 11 2014 in Commercial litigation & dispute resolution

Photograph of Susan Hopcraft

Several important pieces of legislation dealing with what needs to be disclosed when insurance is placed and how to recover from an insurer of an insolvent party are underway and there have also been developments at the Financial Ombudsman. It has been a busy 18 months or so, with more still to come….


Bankruptcy: who pays Trustee’s costs on annulment?
Posted by Emma Easton on September 10 2014 in Restructuring & insolvency

Photograph of Emma Easton

A case that came before the High Court in 2013 has highlighted the discretion of the court to decide whether, and if so by whom, the Trustee’s costs, arising from a bankruptcy order which was subsequently annulled, should be paid. Dr and Mrs Oraki were declared bankrupt after a refusal to pay the legal fees of their solicitor who, they alleged, was guilty of misconduct. On appeal, their bankruptcy orders were annulled. However, the matter was not over: the couple then appealed against the order to pay the costs (which were considerable) accrued by the Trustee in Bankruptcy and then to reclaim the sum from their solicitor’s firm.

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