Search results
11 – 20 of 73Explains the provisions of The Property Misdescriptions Act and thecircumstances in which offences may be committed. The Act is aimed atproperty developers and estate agents, but…
Abstract
Explains the provisions of The Property Misdescriptions Act and the circumstances in which offences may be committed. The Act is aimed at property developers and estate agents, but will affect surveyors as providers of data concerning properties, as expert witnesses and as professional associates of estate agents.
Details
Keywords
Abstract
Details
Keywords
Examines the areas of the law which might assist a plaintiff inestablishing a claim against either a landlord, a tenant, or an occupierof premises where there has been an outbreak…
Abstract
Examines the areas of the law which might assist a plaintiff in establishing a claim against either a landlord, a tenant, or an occupier of premises where there has been an outbreak of Legionnaire′s disease: Defective Premises Act, Occupiers Liability Act, negligence, nuisance, strict and criminal liability, Public Health Act, and insurance. Concludes that while there are numerous laws to help the plaintiff, finding the necessary proof of liability is no easy matter.
Details
Keywords
Examines the respective concepts of collateral warranties andlatent defects insurance, and the strengths and weaknesses of eacharrangement. Discusses the objective or protecting…
Abstract
Examines the respective concepts of collateral warranties and latent defects insurance, and the strengths and weaknesses of each arrangement. Discusses the objective or protecting owner and occupier, the collateral warranty matrix, building‐specific advantages of LDI, and recent events in the LDI market. Concludes that the inherent uncertainties in collateral warranties are likely to result in increased appreciation and demand for latent defects insurance.
Details
Keywords
Paul Gallimore, Will Williams and David Woodward
The UK Government’s Private Finance Initiative introduces new arrangements for the provision of buildings from which public services are delivered. These arrangements require the…
Abstract
The UK Government’s Private Finance Initiative introduces new arrangements for the provision of buildings from which public services are delivered. These arrangements require the private sector to take on new forms of risk. Discusses the progress of the Initiative and focuses on a study to determine whether differences exist in the weighting given by different “players” to these risks. Argues that the existence of such differences would present an additional barrier to the PFI’s implementation. The findings reveal that one form of risk, namely that associated with revenue from occupancy under PFI, is viewed as both of greater importance and more uncertain than other risks. Generally, however, finds that perceptions of risk are not significantly different between the four groups examined in the study (surveyors, financiers, contractors and purchasers).
Details
Keywords
Attempts to analyse the role of the judge in interpreting statute law. Looks at the traditional British rules of interpretation, presumptions and jurisprudential policy in the…
Abstract
Attempts to analyse the role of the judge in interpreting statute law. Looks at the traditional British rules of interpretation, presumptions and jurisprudential policy in the construction of statutes. Examines the dramatics change of attitude by British judges necessitated by European law and provides some thoughts on the interpretation and construction of enactments by judges. Continues by covering the judge’s interpretation of common law through the doctrine of judicial precedent, with regard to the hierarchy of the courts and persuasive precedents. Cites a number of case examples.
Details
Keywords
This paper aims to consider a more visual approach to property law teaching practices. This will be achieved by exploring the existence of “visual learners” as a student body…
Abstract
Purpose
This paper aims to consider a more visual approach to property law teaching practices. This will be achieved by exploring the existence of “visual learners” as a student body, evaluating the use of more visual teaching techniques in academic practice, recognising the historic dominance of text in legal education, and examining the potential for heightening visual teaching practices in the teaching of property law.
Design/methodology/approach
The paper reviews and analyses some of the available literature on visual pedagogy, and visual approaches to legal education, but also introduces an amount of academic practitioner analysis.
Findings
This paper evidences that, rather than focusing on the categorisation of “visual learner”, the modern academic practitioner should use the customary use of more visual stimuli, consequently becoming a more “visual teacher”. This paper demonstrates that these practices, if performed effectively, can impact upon the information literacy of the whole student body. It also proffers a number of suggestions as to how this could be achieved within property law teaching practices.
Practical implications
The paper will provide support for early-career academic practitioners, who are entering a teaching profession in a period of accelerated and continual change, by presenting an overview of pedagogic practices in the area. It will also provide a stimulus for those currently teaching on property law modules and support their transition to a more visual form of teaching practice.
Originality/value
This paper provides a comprehensive overview of visual pedagogy in legal education, and specifically within that of property law, which has not been conducted elsewhere.
Details
Keywords
For many corporate occupiers, commercial property constitutes one of their largest operational assets. With a desire to improve shareholder value and efficiency and to refocus on…
Abstract
For many corporate occupiers, commercial property constitutes one of their largest operational assets. With a desire to improve shareholder value and efficiency and to refocus on core business, the continued necessity to retain such assets on the balance sheet is now under challenge. Changes in accountancy practice and a desire to maintain flexibility are, however making the choices ever more complicated. This paper examines the current options available for corporate users seeking to extract value from their property assets.
Details
Keywords
Considers some of the existing legal principles which might beapplied to Sick Building Syndrome (SBS) cases in the absence of specificSBS rules. Defines SBS. Lays down the…
Abstract
Considers some of the existing legal principles which might be applied to Sick Building Syndrome (SBS) cases in the absence of specific SBS rules. Defines SBS. Lays down the building occupier′s position regarding statutory responsibilities and duties. Discusses the shared legal responsibility of building owners, construction product manufacturers, architects, engineers and builders. Offers some practical steps to reduce the risk of litigation.
Details