Part II of the Landlord and Tenant Act 1954 (LTA 1954) provides for statutory security of tenure for most business tenancies. As a result, a tenancy does not expire by effluxion of time but continues and either the landlord or the tenant can apply to the court for the grant of a new tenancy. The landlord can terminate the tenancy only through following the procedure as set out in the Act. Under LTA 1954, s 38, parties cannot contract out of its provisions, save as permitted by LTA 1954, s 38A. This allows that the parties

In the majority of personal injury claims a motor insurer will provide a full indemnity to their insured under a valid policy of insurance. This means that the insurer will accept a contractual liability to pay all damages that fall on the defendant. However, if there is a breach of the policy (either before or after the event) by the insured, the insurer is able to contractually avoid liability to their insured. In that instance the claim is likely to be dealt with by: • the Road Traffic Act insurer—a motor insurer has certain obligations to satisfy judgments obtained by an innocent third party even if there have been breaches of the insurance policy by the insured, failing which

Section 38A of the Landlord and Tenant Act 1954 (LTA 1954) provides: ‘The persons who will be the landlord and the tenant in relation to a tenancy to be granted for a term of years certain which will be a tenancy to which this Part of this

If someone is disabled they may, in some circumstances, ask their landlord or the manager of their rental property to provide extra services or to make alterations to the home in order to mitigate a particular disadvantage arising from their disability. Only the landlord or manager of the property has a duty to make reasonable adjustments pursuant to the Equality Act 2010. This will include the owner of the property, a local authority and a housing association. Reasonable adjustments are expected in two areas. Firstly, a landlord or manager must amend any policy or practice which disadvantages someone because of their disability. This could include altering a tenancy agreement, for example by allowing a guide dog when there is usually a clause prohibiting

As the operator of a facility in the UK do existing Best Available Technique guidelines continue to apply? Larger industrial facilities undertaking specific types of activity are required to use Best Available Techniques (BAT) to reduce emissions to air, water and land. BAT means the available techniques which are the best for preventing or minimising emissions and impacts on the environment. ‘Techniques’ include both the technology used and the way an installation is designed, built, maintained, operated and decommissioned. Following Brexit, the Industrial Emissions Directive, Directive 2010/75/EU (IED) and BAT Conclusion Implementing Decision, (Commission Implementing Decision (EU) 2018/1147), are not within the scope of retained EU law. Instead, it is the EU-derived domestic legislation implementing the directives that is retained. The IED aims to prevent and reduce harmful industrial emissions, while promoting the use of techniques that reduce pollutant emissions and that are energy and resource efficient. Larger industrial facilities undertaking specific types of activity are required to use BAT to reduce emissions

Is the river tidal or non-tidal? The question of whether a landowner has a right to fish in the river abutting their land depends firstly on whether the river is tidal or non-tidal. As a general rule, there is a public right of fishing in tidal waters. The right of fishing in non-tidal waters attaches to ownership of the land over which the river flows. Non-tidal waters There are a number of presumptions relating to fishing and ownership of non-tidal waters. The following are general presumptions in law: • the owner of land abutting on a non-tidal river is entitled to the soil of the river as far as the middle thread of the water. In the absence of any express reference, this presumption applies to all grants and leases of land, whatever the tenure, described as bounded by a river when made by a person who is in a position to part with the soil and

A set of drawings which show the actual construction of the project. These are usually included in the health and safety file.

Silicate minerals of thin fibrous composition the inhalation of which can cause serious illness.

Summary In March 2014, the Construction Industry Research and Information Association (CIRIA) issued guidance for the management of risks associated with the presence of asbestos in soils and made ground. This Practice Note explains the background to that guidance and summarises its main features. It also highlights that the Control of Asbestos Regulations 2012, SI 2012/632 (CAR 2012) also apply to asbestos in soils. In July 2016, Contaminated Land: Applications in Real Environments (CL:AIRE) and the Joint Industry Working Group (JIWG) issued further industry guidance on the application of CAR 2012 to asbestos in soil and construction and demolition materials. The need for guidance The number of deaths from asbestos related diseases in the UK has risen dramatically in recent decades. This is largely due to the long latency period from exposure before symptoms develop as well as continued unintentional exposure, particularly in the construction sector. Awareness of the issues of asbestos in soil has been growing. When considering sites for development, this awareness translates into more specific investigation, testing and analysis which has resulted

PI & Clinical Negligence analysis: Each appeal raised the question whether, in dismissing the claims, the trial judge had applied the correct legal test for the establishing of a duty of care in circumstances where the deceased parties had been exposed intermittently to low levels of asbestos dust up to 1960. The claimants, relying on the authorities of Jeromson, Maguire and Owen contended that the judge had failed to apply the correct test of foreseeability and that, because there was no means by which to measure asbestos exposure during the period in question and uncertainty about exactly what level of exposure could be regarded as safe, this meant that there was a duty to eliminate all exposure so far as possible. This contention was rejected by the Court of Appeal, thereby resolving the long running dispute as to the proper interpretation of the judgments in Jeromson, Maguire and Owen. Written by Catherine Foster, barrister at Crown Office Chambers.

Personal Injury analysis: In the recent case of Heneghan v Manchester Dry Docks, the Court of Appeal considered the issue of causation and apportionment in asbestos-related lung cancer. David Pugh, partner at Keoghs who specialises in cases of mesothelioma, discusses this decision and what it will mean for lawyers and their clients in the future.

A chronic inflammatory condition of the lungs caused by the inhalation of asbestos.