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| The Week |
Time gentlemen please
Last orders were called last week on a four-year brawl between JD Wetherspoon (JDW) and its former property agent, which the pub giant had accused of fraud.
In a 136-page judgment, Peter Smith J found that Van de Berg & Co Ltd (VdB) and its director Christian Braun had committed fraudulent dishonest breaches of the fiduciary duty owed to JDW in various property transactions undertaken during the parties’15-year relationship.
Commenting on Braun’s 15-day cross-examination at the hands of Catherine Newman QC, of Maitland Chambers, for JDW, the judge said that her approach had been necessary “to break down Mr Braun, destroy him and expose his dishonesty as she did”.
Reflecting on the legal work involved in the case, James McBurney, senior associate at Pinsent Masons, who instructed Newman, said: “Obtaining judgment against the defendants took time and dedication from JDW and its legal team.
"Because of the nature of the claims and the manner in which facts were concealed from it, JDW had to undertake an extensive investigation into VdB’s activities over the course its 15-year relationship," he said.
While the ordeal may have ended for the lawyers, with an interim payment on account of damages and costs amounting to around £7.7m, the ordeal is far from over for the agent.
Dates for your diary
 The courts will be closed until 21 April.
The consultation on the proposed amendments to the Environmental Noise (England) Regulations 2006 will end on 11 May. The amendments aim to streamline the procedures for the implementation of the Environmental Noise Directive 2002/49/EC. It is proposed that a change in approach in certain areas of the implementation of the Directive will lead to a more efficient and beneficial noise action plan process.
The consultation of the second phase of Environmental Permitting Programme (EPP2) will end on 11 May. EPP2 is a Better Regulation initiative designed to reduce costs for operators and the regulator by cutting unnecessary red tape, while continuing to protect the environment and human health. This consultation proposes to extend the single EP system formed under EPP1 to create a common system of risk-based environmental permitting and compliance for an extended range of regimes, including water discharge consents; permits to control certain discharges to surface water; groundwater authorisations; permits to control the disposal of specific substances into groundwater, and radioactive substances regulation; permits for keeping and use of radioactive materials; and for the accumulation and disposal of radioactive waste.
The consultation on the Sustainable Communities Act 2007 will end on 15 May. The consultation seeks views on how the government should put in place the first arrangements for local spending reports and on how these reports might develop over time.
The consultation - Before Disposal to a Private Sector Landlord – seeks comments on the draft statutory guidance to be given to English local housing authorities (LHAs) to meet the requirements imposed on them by para 3 to Schedule 3A of the Housing Act 1985. The section requires LHAs to consult with tenants prior to seeking consent to dispose of those tenants’ homes to a private landlord. The consultation ends on 21 May.
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| Legal commentary |
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Valuation Agency Office review: Charles Partridge argues that the rating system is outdated, that the competence of the collective agencies is questionable and that the processes need to be more transparent and up to date.
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Historic sites: Robert Hill explores the issues surrounding the protection of the historic environment and the problems that developers can face.
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Pre-action conduct: Jacqui Joyce explains that the rules on pre-action conduct have been streamlined and simplified following the introduction of a new practice direction and warns that the courts will not look kindly at non-compliance.
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Tall buildings: Simon Ricketts and Meeta Kaur consider that even though Boris Johnson may not like tall buildings, he may have to weigh the political cost of a more benign attitude against the financial imperatives of delivering projects in London.
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Mainly for students: Rachel Fletcher and Charlie Marlow remind readers of the issues that arise when an interest in a commercial property is transferred.
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Practice notes: Lesley Webber says that owners who oppose the listing of their property can apply for judicial review of the decision, but delisting may be a better option.
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Legal notes: Sandi Murdoch analyses Angel Solicitors v Jenkins O’Dowd & Barth and says that the courts will not hesitate in enforcing solicitors' undertakings.
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Practice points: Allyson Colby reviews recent cases, including Doleman v Shaw, which raised the question as to where the loss lies when a liquidator disclaims a lease.
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| Case material |
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| Legislation tracker |
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The Housing (Purchase of Equitable Interests)(England) Regulations 2009 came into force on 6 April. These regulations give a housing authority that is a landlord of a flat under a long lease a power to purchase an equitable interest in the flat in order to assist the tenant to meet some or all of the costs of service charge payments payable by the tenant to the landlord in respect of repairs and improvement contributions.
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The Data Retention (EC Directive) Regulations 2009 came into force on 6 April. These regulations implement the Data Retention Directive of the European parliament and of the council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks.
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