Archive for the ‘Commercial Property’ Category

Reduction in Environmental Red Tape Promised

The Government has announced its intention to reduce the red tape connected with obtaining planning consents, and in particular with regard to environmental issues.
 
The plans include:
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  • simplifying the environmental permitting system;
  • allowing developers to apply for one consent rather than several; and
  • making theapplication process for low-impact environmental consents less onerous.
In addition a protocol to assist the Environment Agency, Local Authorities and developers in working together will be created with the aim of cutting out ‘duplication and confusion.’
 
For more information, see the Department for Business, Innovation and Skills website.

Posted June 7th, 2011 in Commercial Property |

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Building Woes Confirmed

A recent report on business confidence, from the Institute of Chartered Accountants in England and Wales, whilst gener

Construction site

ally positive, contains the finding that confidence in the construction sector has ‘collapsed’ and says that ‘the bad weather at the end of 2010 is likely to have temporarily weakened business sentiment in the sector, although ongoing concerns about the implications of fiscal consolidation on revenue streams dependent on public sector investment are almost certainly the greatest driver of this extremely negative outlook for the sector’.

 
If your company is experiencing problems in the current economic climate, contact us for advice as soon as possible.

Posted June 1st, 2011 in Commercial Property |

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Competition Act Extended to Land

ArcadeThe Competition Act 1998 has recently been extended from 6 Apri 2011 to cover agreements with regard to land. Such agreements were previously excluded.

 
The Act seeks to prohibit agreements, etc. which prevent, restrict or distort competition.
 
The change is important for owners and occupiers of land, because it has been common for agreements (especially tenancy agreements) to contain exclusivity clauses – for example, where a tenant retailer agrees with its landlord that no competitor of the tenant will be allowed retail space in the same development. Such agreements may now be unlawful.
 
Where such agreements are in place, we recommend having them reviewed in order to ensure that they do not conflict with the principles contained in Chapter 1 of the Act. 
 
The Office of Fair Trading has issued guidance on the changes, which can be found here.
 
Contact us for advice concerning the application of the Act in your individual circumstances.

Posted May 13th, 2011 in Commercial Property |

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Indemnity Does Not Give Unlimited Liability

diggerAn undefended claim in damages cannot merely he ‘handed over’ to a person who has indemnified the party settling the claim as a recent case involving a building contract dispute bears out.

 
When a claim was made against a contractor, the claim was accepted by the  contractor’s liquidator. Since there was an indemnity in favour of that company, which was given by another company, that company was sued.
 
In court the judge concluded that while the indemnity was effective, the indemnifying company was not automatically liable for the agreed sum of damages. In order for it to be bound, the company in liquidation would have to prove that it was liable to pay that sum.
 
Indemnities do not necessarily give ‘blanket coverage’. Giving or attempting to enforce an indemnity should only be undertaken with professional advice.

Posted April 12th, 2011 in Commercial Property |

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