Welcome to the October edition of our Real Estate Newsletter.
This month we look at the early appeal decisions and other signals following the appointment of Sajid Javid, Gavin Barwell and the new government.
We comment on the recent growth in the commercial application of drone technology and their use in the real estate sector. As well as highlighting some recent judgments, one bringing some greater clarity to building schemes and the other reinforcing the uncertainty surrounding the recovery of adjudication costs.
Signals from our new government - and their implications for strategic planning
There is much work to be done on housing and planning legislation and policy, we look at early appeal decisions and other signals given by the new government. Read the full article here.
The curious world of building schemes: clarity for developers
We look at the recent Court of Appeal decision which introduces some clarity to the curious world of building schemes, a scheme of mutual covenants within a defined area of land. Read the full article here.
Drones: Innovative uses in the real estate sector
The phenomenal growth in the commercial application of drone technology in recent years has led to drones becoming an essential business tool. Their innovative uses in multiple industries ranging from agriculture, transport and infrastructure mean that the potential global marketplace for the commercial use of drones is valued at £96 billion. Read the full article here.
No amendments, no surprises?
"No amendment" clauses, which typically require amendments to a contract to be made in writing and signed by the parties, are common in construction contracts. In the recent cases of C&S Associates UK & Enterprise Insurance Company, the court considered whether an exchange of emails was sufficient to fulfil the requirements of a clause and amend the contract. Read the full article here.
Landlords beware of tenants selling counterfeit goods!
It has been the case (as has recently been confirmed in the Court of Appeal in the UK) that brand owners can seek injunctions to prevent internet service providers from places hosting on-line traders who are selling counterfeit goods.
A recent European decision has extended this concept to owners of physical market places - a potentially difficult position for landlords of retail spaces. Read the full article here.
Adjudication costs - you make me want to shout!
There is considerable lack of clarity around the recovery of adjudication costs which has been exacerbated by a recent case. We look at how and why cases are now subject to such uncertainty. Read the full article here.
Time for some connected thinking
The annual HMI conference, which took place this month, brought together leading figures from across the regeneration and housing industries. This year, we used the conference as an opportunity to reflect on the impact that technology is having on how we live our lives. It's a trend that will undoubtedly affect residential development. But how far have we come, and what are the legal considerations? Read the full article here.