October 2013 Archive

Japanese Knotweed and legislation

On 14 June 2013, the Environment Agency published an updated version of its voluntary code of conduct for developers, “Managing Japanese Knotweed on Development Sites”, which revises the original Knotweed Code of Practice 2006 to reflect changes in waste and environmental permitting legislation and technical requirements.

What is a boundary dispute?

Wright Hassall’s specialist team of residential property dispute solicitors are experienced in resolving boundary disputes. We work closely with various experts to provide our clients with the best advice in order that they can achieve a quick and cheap resolution to their dispute.

The Prevention of Social Housing Fraud Act 2013 ‘goes live’!

Yesterday, 15 October, the Prevention of Social Housing Fraud Act 2013 came into force in England. The Act was created in an attempt to ensure that social housing is available for the benefit of those who need it most. Its aim is to tackle unlawful sub-letting and other housing fraud, freeing up properties for genuine needy cases currently on waiting lists around the country.

Biodiversity offsetting and the future of development

When it comes to conservation schemes aimed at reducing the impact of human development activity, biodiversity offsetting is the new kid on the block. Designed to lessen the damage caused by development, it is a market-based scheme that essentially introduces financial incentives to create replacement habitats, usually as close to the original, damaged site as possible and in a strategic area for wildlife.

The cost of failing to costs budget

In April 2013, new court rules were introduced that imposed an obligation on all parties to court proceedings who are represented by solicitors and who have cases worth in excess of £25,000 commenced after 1 April 2013 to file and serve a costs budget. The rules have recently been amended to provide that parties must now exchange budgets rather than serve but this is still an obligation and a must rather than a may.

Page and Another v Hewetts Solicitors and Another: Limitation update

We have previously reported on the decisions of the courts to grant summary judgment against Mr Page on the basis that it was out of time and then reinstate it on appeal. The latest decision in this case has again concluded that Mr Page’s claim is out of time. The decision focused on the fact that Mr Page’s solicitors had paid the wrong court fee. Our article explains why the court concluded that the failure to pay the sum of £400 cost Mr Page his claim.

Is the legal effect of an email signature the same as signing a letter, a contract or a guarantee?

In business we all send many emails every day. Amongst the thousands of emails we send and receive every year, some may form contracts, some may be intended to change existing contractual arrangements and some may be guaranteeing obligations of third parties. But, is the legal effect of putting your email signature on your email, the same as signing a letter, a contract or a guarantee? Or not? As with much in the law, the answer is that it depends.
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