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What Is the ‘Setting’ of a Heritage Asset? High Court Gives Guidance

What constitutes the ‘setting’ of a heritage asset? The High Court considered that burning issue in overturning planning permission for a development of 400 new homes on a site less than two miles away from a Grade I-listed stately home. The neo-classical property was viewed as one of the finest examples of 18th century architecture in Britain and the site...

Hiatus in Award of Public Railway Contract ‘Not In the Public Interest’

The fairness of public contract tendering is rigorously enforced and the award of any such contract is automatically suspended if a dispute arises. However, in one case, the High Court ruled that the continuation of such a hiatus was not in the public interest. A company that had failed to win a contract in respect of provision of a new traction system for an...

Commercial Landlord Punished for Failing to Arrange Building Insurance

Commercial landlords usually bear the burden of arranging building insurance and any failure to do so can expose all concerned to the risk of catastrophic loss. In one case, a landlord who failed in that duty received a stiff fine for breaching a High Court order. The corporate landlord of a large Victorian civic building had covenanted with its tenants that it...

BMW Cracks Down on Unauthorised Use of Its Trade Marks

Vast investment in nurturing public recognition of trade marks is almost equalled by the resources that go into protecting them against misuse. In one case, motor manufacturing giant BMW triumphed in infringement proceedings against a small company that repaired and maintained its vehicles. The company had no formal connection with BMW, save as a purchaser and...

Public Contract Tendering – You Are Entitled to Know Why You Have Lost

Disappointed tenderers for public contracts are often placed in a difficult position, in that they know that they have lost but they do not know why. That was certainly so in one High Court case concerning a multi-million-pound contract for the provision of a new traction system for a fleet of underground trains. Following a public transport provider’s award...