35 results
Fraudulent (deceit) and negligent misstatements concerning property
It is oftentimes the case that deceit or negligent misstatement can be made to parties in relation to property. These can cause very serious financial losss. A contract is voidable (rescinded at the option of the Claimant) where a party to the contract entered into it in reliance on a more...
7 Jul 2021 11:06
We are RecruitingIf you are a member of the Bar or a 3rd six pupil, seeking to leave the city hustle and bustle aside and relocate to practice in the scenic South West, we want to hear from you! Magdalen Chambers is one of the largest sets in the south west outside of Bristol with members excelling in a wide range more...
11 May 2021 11:12
**We are Recruiting**If you are a member of the Bar seeking to leave the city hustle and bustle aside and relocate to practice in the scenic South West, we want to hear from you! Magdalen Chambers is one of the largest sets in the south west outside of Bristol with members excelling in a wide range of areas of civil and more...
13 Nov 2019 12:08
Mines and minerals: What developers need to knowDavid Manda and Claire Acklam, specialists in Real Estate Litigation and Commercial Dispute Resolution with particular experience in development disputes, offer legal and practical advice on how mines and minerals rights may impact or interfere with the development of land. What are the issues? When more...
13 Nov 2019 11:16
The scope of Section 73 - only taking you so far ...In a very helpful decision handed down in the Court of Appeal this week, in the case of John Leslie Finney v Welsh Ministers, Carmarthenshire County Council and Energiekontor UK Limited [2019] EWCA CIV 1868, some interesting arguments as to the scope of Section 73 of the Town and Country Planning more...
24 Oct 2019 10:05
Gladman Developments Limited – forget cash, evidence is king!The Court of Appeal upheld that a planning inspector’s refusal to grant planning permission for a residential development primarily due to a lack of evidence to prove the effectiveness of the proposed air quality measures in Gladman Developments Ltd. v (1) Secretary of State for Communities and more...
2 Oct 2019 11:55
Design – a renewed emphasisThis week sees the second of the Party conferences. In the media, other events and issues have been ahead of homes and planning, but this week has seen the emergence of new policy priorities. The very long standing and intractable debate about need, constraints and delivery has not moved any more...
25 Sep 2019 10:01
Top tips for obtaining planning permission for farm-based developmentsCharlotte Lockwood, Associate in the Planning team at Roythornes solicitors, takes a realistic look at what farmers can do to stand the best chance of obtaining planning permission for farm-based developments, particularly those in sensitive areas such as National Parks. With the continued more...
11 Sep 2019 16:04
We are Recruiting!!With our recent celebrations of Part-Time Judicial appointments we are recruiting!! We offer a progressive attitude, friendly and efficient clerking team. We promote a positive work life balance in the beautiful South West and promote wellbeing which is recognised by being awarded a Wellbeing more...
24 Jul 2019 14:05
Wiltshire Council –v- Cooper Estates Strategic Land Limited [2019] EWCA CIV 840: A victory for landowners and developersThe ability for any person to make an application to a Commons Registration Authority to register land as a new town or village green (“TVG”) has long been a landowner’s nightmare, particularly for those with development aspirations. Registration as a new TVG essentially sterilises the land as far more...
17 Jul 2019 10:44
Christopher Young QC acts to secure permission for a new private school and sports academyChristopher Young QC advised and presented the case for the Rushmoor and St Andrews Schools in Bedford who have decided to combine, expand and relocate to a new site on the edge of the town. The proposal also includes a new rugby academy and tennis academy together with indoor courts. The main more...
27 Jun 2019 08:44
Court of Appeal indicates TVGs now a less effective weapon against developmentWalker Morris’ Andrew Beck explains that developers will welcome a recent Court of Appeal decision which is likely to result in Town and Village Green (TVG) applications becoming a less effective weapon against development. TVGs – The story so far In our previous briefing, we explain in some detail more...
11 Apr 2019 11:43
James Corbet Burcher appears in Successful Planning Appeal for 60-bed Care HomePermission has been granted on s78 appeal for a 60 bed care home (Use Class C2) in Hartley Wintney, within Hart District Council: APP/N1730/W/18/3203638 James Corbet Burcher represented Forest Care in their appeal, instructed by Turley. The Appeal Decision examines the need for specialist elderly more...
10 Apr 2019 10:46
We are Recruiting!With our recent celebrations of Part-Time Judicial appointments we are recruiting!! We offer a progressive attitude, friendly and efficient clerking team. We promote a positive work life balance in the beautiful South West and promote wellbeing which is recognised by being awarded a Wellbeing more...
Common law dedication of highways: the effect of the highway authority's ownership of the route
What about the scenario where there is a good argument that a dedication has occurred subject to a limitation (e.g. a gate) that would otherwise be an unlawful obstruction to a highway? The legal fiction would presumably be that the limitation somehow reflects the intention of the owner of the route more...
14 Feb 2019 12:40
We are celebrating and recruitingClick on the link to see our latest announcement in Counsel Magazine! https://www.counselmagazine.co.uk/docs/file-attachments/magdalenchambers_jan2019_hph_web.pdf?sfvrsn=b5f8_3 more...
4 Feb 2019 10:47
David Pittaway QC and the Ecclesiastical Court of Appeal, the Court of Arches handed down judgment in a significant case involving Restoration OrdersDavid Pittaway QC, sitting as a member of the Ecclesiastical Court of Appeal, the Court of Arches with Charles George QC, Dean of the Arches, and Geoffrey Tattersall QC, handed down judgment in an interesting case regarding the unlawful erection of a school nursery on a consecrated burial ground more...
1 Feb 2019 12:10
The ‘Net Gain’ ConsultationThe ‘net gain approach’ is an important theme in the 25 Year Environment Plan which states that the approach will become embedded in the planning system in England. The theme is echoed in the Agriculture Bill that is currently before Parliament which contains provisions enabling the Secretary of more...
1 Feb 2019 11:02
Protecting and Enhancing England’s Trees and WoodlandsThe felling of street trees by local authorities has proved controversial in recent times. In December the Government published proposals to impose a duty on local authorities to consult before felling individual street trees, subject to certain exceptions (e.g. in the case of dangerous, diseased or more...
1 Feb 2019 09:12
The latest on the CIL ReformThe publication in December 2018 of draft amendments to the Community Infrastructure Levy Regulations 2010 is the latest instalment in a process stretching back to the Autumn Budget in 2017, when the Government announced a series of proposed reforms designed to simplify the CIL regime. The new draft more...
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