"Batty" permitted development rights coming home to roost?

Wednesday, 9th April 2014

On 6 April 2014, permitted development rights will be introduced to allow the conversion of agricultural buildings to residential dwellings without express planning permission.

The changes present a potential issue between the application of permitted development rights and the Habitats Directive.

The Directive requires a Local Planning Authority to assess the conservation of protected species in determining whether...

CRAR Bulletin for Insolvency Practitioners - Landlords in Distress

Monday, 7th April 2014

On 6 April 2014, the remedy of distress was abolished under English law and replaced with "Commercial Rent Arrears Recovery" procedure, commonly abbreviated to "CRAR".

CRAR was set up under the Tribunal Courts and Enforcement Act 2007 and the Taking Control of Goods Regulations 2013, which set out the procedures that must be followed by Landlords looking to recoup unpaid rent....

Early sight of the deeds = a smoother road to completion?

Thursday, 3rd April 2014

The client has signed the application, the surveyor has inspected, the value comes in on target, the offer is on the way� and then the case stalls with legal issues that, had you known about earlier, could have been dealt with weeks ago or may even have meant that the clients would have not proceeded.

So what is the...

Contentious Probate - Brooke v Purton [2014] - First use of Marley ruling in will rectification

Thursday, 3rd April 2014

The High Court has applied the recent Supreme Court decision in Marley v Rawlings to decide whether to rectify the Will of the testator, Mr Steven Huntley, on "clerical error" grounds.  
In Marley v Rawlings a husband and wife drew up identical Wills but, due to an oversight by the solicitor, they mistakenly signed each others'' Wills.  The...

Taking Account of the Cost?

Thursday, 3rd April 2014

A Council in Lincolnshire was the subject of a report by the Local Government Ombudsman which found maladministration against the authority. The complaint arose from the way the Council dealt with the development of a residential site in its capacity as the planning authority.

Due to the serious nature of the maladministration the remedy proposed by the Ombudsman was a written...

Changing Solicitors

Thursday, 3rd April 2014

Are you satisfied with your current legal adviser? Have you lost your trust and confidence in your solicitor? It may be that you find it difficult to communicate with them and are not happy with the way your claim is being managed. In extreme cases, your solicitor may have made a mistake which has affected the outcome of your case.

Ashfords advise Schlumberger on recent acquisition of Rock Deformation Research Limited

Wednesday, 2nd April 2014

Ashfords advised Schlumberger Oilfield UK PLC on its acquisition on 27 March 2014 of Rock Deformation Research Limited from the University of Leeds, IP Group plc and a number of academics.

Click here for further information about the deal
Schlumberger is the world's leading supplier of technology, integrated project management and information...

Courts to crack down hard on the polluters

Friday, 28th March 2014

Ashfords' Jeremy Asher, Associate in the Business Risk and Regulation Department, looks at the new sentencing guidelines for environmental offences and how this could affect farmers.

This article was first published in the Western Morning News on 26 March, to read the full article click here.

Dogs and Public Safety

Friday, 28th March 2014

Tragically, we still hear horror stories in the press concerning serious dog attacks. Attacks on children, in particular, are extremely shocking. A recent survey found that there were over 600 attacks on babies and young children in the UK last year.

The Dangerous Dogs Act 1991 bans the breeding and sale or exchange of four kinds of dog: Pit Bull Terriers,...

Prematurity in Planning - a change of stance?

Friday, 28th March 2014

Only 50% of local authorities have a local plan that is regarded as up to date in accordance with the provisions of the National Planning Policy Framework. A similar number cannot evidence a record of delivering and maintaining a five year housing supply.

The effect of this is that many authorities are embarking on the process of reviewing local...

High court grants a stay of proceedings in a claim relating to avoidance of property dispositions brought by the Liquidator of a Cayman Islands company against a Saudi Arabian bank - Cross Border Restructuring and Insolvency Update - March 2014

Thursday, 27th March 2014

Fondazione Enasarco v Lehman Brothers Finance SA [2014] EWHC 34 (Ch)

The High Court has held that, where there is an exclusive jurisdiction clause, a stay of proceedings will not be granted unless there are substantial grounds to satisfy the Court that it is appropriate to do so.

The Swiss-incorporated Lehman Brothers Finance SA ("Lehman") failed to satisfy the...

Ashfords advises on the Eternity Capital deal backing £9.6m energy-from-waste plant

Tuesday, 25th March 2014

The investment group, Eternity Capital whose company focus is in waste management and environmental services companies based in Europe and the UK, will be providing the funding for a £9.6million energy-from-waste plant located in Cornwall.

Ruth Murray, Energy partner in Ashfords Projects Team, led the deal between Eternity Capital and Greener for Life.

This article first appeared in Insider Media...


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