Partial possession meaning

In this issue: Key developments and horizon scanning Lease covenants and obligations Forfeiture Trespass and adverse possession Residential tenancies Repairing obligations and dilapidations Disputes and remedies Property disputes in Scotland Additional Property Disputes updates LexTalk®Property Disputes: a Lexis®Nexis community Daily and weekly news alerts Dates for your diary Trackers Latest Q&As Key developments and horizon scanning Judicial review of LFRA 2024 to proceed (R (on the application of John Lyons Charity) v Secretary of State for Housing, Communities and Local Government) In R (on the application of John Lyons Charity) v Secretary of State for Housing, Communities and Local Government [2025] EWHC 543 (Admin), the High Court permitted a judicial review application to proceed concerning particular parts of the Leasehold and Freehold Reform Act 2024 (LFRA 2024) that set the approach to valuing property for enfranchisement claims. The court considered it reasonably arguable that the impugned statutory provisions themselves...

This Practice Note sets out the concept of liquidated and ascertained damages (LADs/LDs) and their role within building contracts. It explains how these provisions function and why they are used. Distinguishes liquidated from general (unliquidated) damages; Reviews enforceability and common challenges, including penalty arguments; Addresses setting the LADs figure, caps, and the dangers of stating “nil” or “N/A”; Refers to case summaries in a related case law Practice Note. What are liquidated damages? Where parties to a construction contract agree LADs, they pre-determine a fixed sum payable if a specified breach occurs. These provisions are also known as liquidated and ascertained damages, with the acronyms “LDs” and “LADs” used interchangeably. When liability for LADs arises, the amount is usually payable by the contractor to the employer, or the employer may deduct it from sums otherwise due to the contractor...

What is sectional completion? Where a construction contract divides the works into sections or parts, often intended to commence at different times, the employer will set distinct completion dates for each of those separate elements of the works. This arrangement is known as sectional completion. Sectional completion operates to the employer’s advantage because it enables earlier use of portions of the development than would be possible if the entire scheme had to be finished before any handover. In the absence of sections, the contractor would retain possession of, and occupy, the whole site until all works were complete. By contrast, in a residential development, the employer can start showing and selling units as soon as they are completed, rather than waiting for the whole development to be delivered. This in turn allows the employer to begin recouping some of its build costs at an earlier stage, while the contractor continues with the remaining sections of the project where applicable. ...

CASE HUB (date of judgment—09/06/2016) See further: timeline, commentary and related/relevant cases Case facts ARCHIVED — this hub records the position as at the decision of 9 June 2016 and is no longer maintained Outline An appeal was lodged against the General Court’s judgment affirming the Commission’s decision of 3 October 2007, which found an infringement of Article 101 TFEU and imposed a €80.496m fine on Repsol for alleged involvement in a price-fixing and market/customer-sharing cartel in the Spanish bitumen sector between 1991 and 2002 (the ‘Spanish bitumen cartel’). On 9 June 2016, the Court of Justice dismissed the appeal in full, confirming that the Commission (and the General Court in endorsing that approach) had correctly applied the Leniency Notice concerning the need to supply ‘facts previously unknown to the Commission’ to obtain partial immunity Parties Appellants: Repsol Lubricantes y Especialidades SA (Repsol Lubricantes) Repsol Petróleo SA (Repsol Petróleo) Repsol SA (Repsol) Together, Repsol. Repsol...