Commercial development

If only Ronseal produced licence agreements

“It does what it says on the tin”, was, when first unveiled, a welcome departure from the usual overblown product claims. What made the campaign successful was the unambiguous labelling which conveyed a succinct message. If only agreements regulating the occupation of land were equally clear; unfortunately just because an agreement is labelled a licence, does not mean it is.

Energy efficient buildings: solutions to a conundrum

Energy”, “Climate Change”, “Carbon Emissions” – all terms that we hear on a daily basis. The Government’s commitment to an 80% carbon reduction by 2050 is a big target and, whilst clean energy production and the latest technology design create regular headlines, there is less publicity on what can be done to improve the efficiency of those buildings already constructed.

Court issues reminder to serve payment notices on time

In a recent case (Galliford Try v Estura) Galliford, which was building the Salcombe Harbour Hotel in Devon, submitted an interim application payment notice for £4m. The employer, Estura, considered the sum due under the application was only £147,000 but failed to serve a pay less notice. Therefore Galliford initiated adjudication proceedings and the adjudicator found in their favour. In response, Estura started a second adjudication but that adjudicator decided he did not have jurisdiction to decide the matter. Galliford then went to court to enforce the first adjudicator’s decision.

Keeping costs in proportion to what is at stake

The Courts have been showing and increasing, and welcome, willingness to intervene in cases to keep costs under control and proportionate to the sums at stake. Those who know Dickens’ famous novel, Bleak House, will be familiar with that issue from the infamous case of Jarndyce and Jarndyce, a fictional case in which the beneficiaries of a will were successful after many years of legal wrangling, only to find that all the costs of the estate which they hoped to inherit had been swallowed up in the Court proceedings.
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