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09 June 2011 / Christopher Stoner KC
Issue: 7469 / Categories: Features , Landlord&tenant , Property
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Arrested development

Is negotiation the best course of action in development disputes, asks Christopher Stoner QC

A startling aspect of the facts in HKRUK II (CHC) Limited v Heaney [2010] EWHC 2245 (Ch), [2010] All ER (D) 101 (Sep) and in Jacklin v The Chief Constable of West Yorkshire [2007] EWCA Civ 181, [2007] All ER (D) 212 (Feb), which was applied in the former case, was the ability of a party whose property rights had been infringed (the landowner) to obtain mandatory injunctions notwithstanding significant delay and inactivity on their part in seeking relief.

In Heaney the landowner only sought relief by way of a counterclaim in circumstances where having completed its development (and let one of the two newly constructed floors to a third party) the developer sought declaratory relief to the effect it was free of the landowner’s rights.

The factual narrative in the judgment of HHJ Peter Langan QC reveals that, aware that Heaney’s rights of light would be infringed by its proposed development, the developer first wrote to him in October 2007, before it bought the property let alone commenced

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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