Pub Date : 2015-09-08DOI: 10.1108/IJLBE-08-2014-0024
B. Crossley
Purpose – The purpose of this paper is to provide practical knowledge on how to repair trust within inter-organisational relationships (IORs), and to compare that knowledge to present academic research. IORs have an alarming failure rate upwards of 60 per cent. Although the breakdown of trust is a well-documented critical component of their failure, specific research on IOR trust repair is limited. Design/methodology/approach – The research applied a ranked Delphi study utilising UK professionals’ expertise in IOR management. Findings – The results provide two practical frameworks and several new methods for IOR trust repair; furthermore, they demonstrate consistency between professionally adopted IOR trust repair methods and those proposed academically. Research limitations/implications – The study ' s primary limitations resulted from being conducted at the lower end of its operating window, and only with panellists interested in trust repair. The implications for research are to direct investigations t...
{"title":"Inter-organisational relationship trust repair: a ranked Delphi study with UK professionals","authors":"B. Crossley","doi":"10.1108/IJLBE-08-2014-0024","DOIUrl":"https://doi.org/10.1108/IJLBE-08-2014-0024","url":null,"abstract":"Purpose – The purpose of this paper is to provide practical knowledge on how to repair trust within inter-organisational relationships (IORs), and to compare that knowledge to present academic research. IORs have an alarming failure rate upwards of 60 per cent. Although the breakdown of trust is a well-documented critical component of their failure, specific research on IOR trust repair is limited. Design/methodology/approach – The research applied a ranked Delphi study utilising UK professionals’ expertise in IOR management. Findings – The results provide two practical frameworks and several new methods for IOR trust repair; furthermore, they demonstrate consistency between professionally adopted IOR trust repair methods and those proposed academically. Research limitations/implications – The study ' s primary limitations resulted from being conducted at the lower end of its operating window, and only with panellists interested in trust repair. The implications for research are to direct investigations t...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"2014 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114595893","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2015-09-08DOI: 10.1108/IJLBE-01-2014-0002
A. Connell, J. Mason
Purpose – The purpose of this paper is to demystify the meaning of the term “consequential loss” in relation to the practice of construction law. Parties may have different understandings of the term and typically an exclusion clause will not solely relate to consequential loss, but will also include other heads of losses for which the party will not be liable for, such as loss of profit, loss of revenue and loss of business. Design/methodology/approach – The question emerges as to whether the term consequential loss has a definitive legal meaning in its own right. This study seeks to ascertain the definition of the term consequential loss within the construction industry through a review of the legal position regarding liability for breach of contract and consequential loss through the consideration of the case law relating to this topic and the associated secondary sources of information. Findings – The study concludes by elucidating a clear interpretation of the term consequential loss and guidance of ...
{"title":"Isn’t all loss consequential?","authors":"A. Connell, J. Mason","doi":"10.1108/IJLBE-01-2014-0002","DOIUrl":"https://doi.org/10.1108/IJLBE-01-2014-0002","url":null,"abstract":"Purpose – The purpose of this paper is to demystify the meaning of the term “consequential loss” in relation to the practice of construction law. Parties may have different understandings of the term and typically an exclusion clause will not solely relate to consequential loss, but will also include other heads of losses for which the party will not be liable for, such as loss of profit, loss of revenue and loss of business. Design/methodology/approach – The question emerges as to whether the term consequential loss has a definitive legal meaning in its own right. This study seeks to ascertain the definition of the term consequential loss within the construction industry through a review of the legal position regarding liability for breach of contract and consequential loss through the consideration of the case law relating to this topic and the associated secondary sources of information. Findings – The study concludes by elucidating a clear interpretation of the term consequential loss and guidance of ...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115376265","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2015-09-08DOI: 10.1108/IJLBE-12-2014-0036
Tony Hetherton, J. Charlson
Purpose – This paper aims to examine the potential recovery of own party adjudication costs under the Late Payment of Commercial Debts Regulations 2013. The investigation directly applies to England and Wales, but may be relevant to other jurisdictions. Design/methodology/approach – The interaction between The Late Payment of Commercial Debts Regulations 2013 (derived from European Directive 2011/7/EU on combating late payment in commercial transactions) and the Local Democracy et al. 2009 including reference to case law was explored. A qualitative research framework was used to collect primary data through semi-structured interviews with experienced construction industry adjudication professionals. Findings – It was discovered that adjudicators are awarding own party costs under the Regulations, but there was disagreement on the issues in both the literature and amongst the interviewees. Research limitations/implications – A definitive judgment is awaited from the Technology and Construction Court. Origi...
{"title":"When statutes collide: potential recovery of own party adjudication costs","authors":"Tony Hetherton, J. Charlson","doi":"10.1108/IJLBE-12-2014-0036","DOIUrl":"https://doi.org/10.1108/IJLBE-12-2014-0036","url":null,"abstract":"Purpose – This paper aims to examine the potential recovery of own party adjudication costs under the Late Payment of Commercial Debts Regulations 2013. The investigation directly applies to England and Wales, but may be relevant to other jurisdictions. Design/methodology/approach – The interaction between The Late Payment of Commercial Debts Regulations 2013 (derived from European Directive 2011/7/EU on combating late payment in commercial transactions) and the Local Democracy et al. 2009 including reference to case law was explored. A qualitative research framework was used to collect primary data through semi-structured interviews with experienced construction industry adjudication professionals. Findings – It was discovered that adjudicators are awarding own party costs under the Regulations, but there was disagreement on the issues in both the literature and amongst the interviewees. Research limitations/implications – A definitive judgment is awaited from the Technology and Construction Court. Origi...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"729 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128518135","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2015-06-30DOI: 10.1108/IJLBE-09-2014-0027
N. Pratt
Purpose – This paper aims to examine the recent jurisprudence of the Supreme Court concerning the registration of land as a town or village green (TVG). This area of law has proved contentious over the past decade and shows no sign of relenting. Most recently, in April 2014, the Supreme Court was asked to determine whether use that is pursuant to a statutory right could be qualifying use for the purposes of village green registration, which requires 20 years use “as of right”. Design/methodology/approach – The paper starts by summarising the law relating to the registration of land as a TVG and identifies the current problem that the courts are grappling with, namely the “by right” defence. After analysing the two leading authorities in relation to this point, the paper makes a judgment on the operation and conceptual underpinning of the “by right” defence. Findings – The paper concludes that the “by right” defence in the context of village green registration is a functioning concept that prevents the reg...
{"title":"The “by right” defence in village green registration","authors":"N. Pratt","doi":"10.1108/IJLBE-09-2014-0027","DOIUrl":"https://doi.org/10.1108/IJLBE-09-2014-0027","url":null,"abstract":"Purpose – This paper aims to examine the recent jurisprudence of the Supreme Court concerning the registration of land as a town or village green (TVG). This area of law has proved contentious over the past decade and shows no sign of relenting. Most recently, in April 2014, the Supreme Court was asked to determine whether use that is pursuant to a statutory right could be qualifying use for the purposes of village green registration, which requires 20 years use “as of right”. Design/methodology/approach – The paper starts by summarising the law relating to the registration of land as a TVG and identifies the current problem that the courts are grappling with, namely the “by right” defence. After analysing the two leading authorities in relation to this point, the paper makes a judgment on the operation and conceptual underpinning of the “by right” defence. Findings – The paper concludes that the “by right” defence in the context of village green registration is a functioning concept that prevents the reg...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"359 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134227398","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2015-06-30DOI: 10.1108/IJLBE-01-2014-0006
Sergio Nasarre-Aznar
Purpose – The purpose of this paper is to examine the response of the Spanish courts to the effects of the 2007 financial crisis for residential mortgage borrowers in the absence of any equivalent intervention by the legislature. The paper also explores the potential risks that recent court decisions might pose for the Spanish mortgage and banking systems. Design/methodology/approach – The paper uses a combination of doctrinal and comparative methodology. It undertakes an analysis of decided judicial cases in Spain and compares these to international courts’ decisions and to national and international legislation with a view to exploring their originality in the field of mortgage-related consumer protection. Findings – The reviewed cases demonstrate the need to consider legislative reforms to increase the protection of consumers in relation to mortgages. Some reforms took place in 2013, but these were not perceived as sufficient by the judiciary. The paper also highlights the legal uncertainty that has fo...
{"title":"“Robinhoodian” courts’ decisions on mortgage law in Spain","authors":"Sergio Nasarre-Aznar","doi":"10.1108/IJLBE-01-2014-0006","DOIUrl":"https://doi.org/10.1108/IJLBE-01-2014-0006","url":null,"abstract":"Purpose – The purpose of this paper is to examine the response of the Spanish courts to the effects of the 2007 financial crisis for residential mortgage borrowers in the absence of any equivalent intervention by the legislature. The paper also explores the potential risks that recent court decisions might pose for the Spanish mortgage and banking systems. Design/methodology/approach – The paper uses a combination of doctrinal and comparative methodology. It undertakes an analysis of decided judicial cases in Spain and compares these to international courts’ decisions and to national and international legislation with a view to exploring their originality in the field of mortgage-related consumer protection. Findings – The reviewed cases demonstrate the need to consider legislative reforms to increase the protection of consumers in relation to mortgages. Some reforms took place in 2013, but these were not perceived as sufficient by the judiciary. The paper also highlights the legal uncertainty that has fo...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121833334","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2015-06-30DOI: 10.1108/IJLBE-07-2014-0019
E. Lees, E. Shepherd
Purpose – The purpose of this paper is to analyse the obligations imposing localism and the presumption in favour of sustainable development in English planning law. Design/methodology/approach – The paper uses doctrinal analysis to examine section 38 PCPA 2004 and the NPPF to assess whether the obligations are coherent when considered as stand-alone obligations, and whether they are compatible when combined. Case law and the statutory provisions are examined to assess this. Planning theory is also examined to bring a multidisciplinary focus to the analysis. Findings – The paper concludes that there are problems with these legal obligations when considered as stand-alone obligations. There is imprecision over the meaning of key terms; the “presumptions” established do not operate as true presumptions; and there is an ambiguity as to the hierarchy of norms and the allocation of decision-making control. When combined, the incoherence increases. It is argued that this occurs thanks to underlying disagreement...
{"title":"Incoherence and incompatibility in planning law","authors":"E. Lees, E. Shepherd","doi":"10.1108/IJLBE-07-2014-0019","DOIUrl":"https://doi.org/10.1108/IJLBE-07-2014-0019","url":null,"abstract":"Purpose – The purpose of this paper is to analyse the obligations imposing localism and the presumption in favour of sustainable development in English planning law. Design/methodology/approach – The paper uses doctrinal analysis to examine section 38 PCPA 2004 and the NPPF to assess whether the obligations are coherent when considered as stand-alone obligations, and whether they are compatible when combined. Case law and the statutory provisions are examined to assess this. Planning theory is also examined to bring a multidisciplinary focus to the analysis. Findings – The paper concludes that there are problems with these legal obligations when considered as stand-alone obligations. There is imprecision over the meaning of key terms; the “presumptions” established do not operate as true presumptions; and there is an ambiguity as to the hierarchy of norms and the allocation of decision-making control. When combined, the incoherence increases. It is argued that this occurs thanks to underlying disagreement...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121992473","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2015-06-30DOI: 10.1108/IJLBE-05-2015-0011
Francis King
{"title":"From Warwick to Westminster: some reflections on law in action","authors":"Francis King","doi":"10.1108/IJLBE-05-2015-0011","DOIUrl":"https://doi.org/10.1108/IJLBE-05-2015-0011","url":null,"abstract":"","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117200354","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2015-06-30DOI: 10.1108/IJLBE-08-2014-0021
Michel Vols, P. Tassenaar, J. Jacobs
Purpose – The purpose of this paper is to assess the implementation of the minimum level of protection against the loss of the home that arises from Article 8 of the European Convention on Human Rights in The Netherlands. The paper focuses on anti-social behaviour-related cases in which the landlord requests the court to issue an eviction order. Design/methodology/approach – The paper is based on a statistical analysis of nearly 250 judgements concerning housing-related anti-social behaviour. Findings – A significant difference is found in the court’s attitude against drug-related anti-social behaviour and other types of nuisance. Moreover, it is found that in two-thirds of the cases, the tenant advanced a proportionality defence. Although the European Court stresses the need of a proportionality check, the Dutch courts ignore the tenant’s proportionality defence in 10 per cent of the cases and issue an eviction order in the majority of all cases. Advancing a proportionality defence does not result in any...
{"title":"Anti-social behaviour and European protection against eviction","authors":"Michel Vols, P. Tassenaar, J. Jacobs","doi":"10.1108/IJLBE-08-2014-0021","DOIUrl":"https://doi.org/10.1108/IJLBE-08-2014-0021","url":null,"abstract":"Purpose – The purpose of this paper is to assess the implementation of the minimum level of protection against the loss of the home that arises from Article 8 of the European Convention on Human Rights in The Netherlands. The paper focuses on anti-social behaviour-related cases in which the landlord requests the court to issue an eviction order. Design/methodology/approach – The paper is based on a statistical analysis of nearly 250 judgements concerning housing-related anti-social behaviour. Findings – A significant difference is found in the court’s attitude against drug-related anti-social behaviour and other types of nuisance. Moreover, it is found that in two-thirds of the cases, the tenant advanced a proportionality defence. Although the European Court stresses the need of a proportionality check, the Dutch courts ignore the tenant’s proportionality defence in 10 per cent of the cases and issue an eviction order in the majority of all cases. Advancing a proportionality defence does not result in any...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121433651","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2015-06-30DOI: 10.1108/IJLBE-09-2014-0026
Julian Sidoli del Ceno, H. George, Michel Vols
Purpose – The purpose of this paper is to examine empirically the operation of tenancy deposit protection within England and Wales. The paper consciously focuses solely on the views and perspectives of letting agents operating in the various schemes. Design/methodology/approach – The paper is based on a series of semi-structured qualitative interviews with lettings agents in two distinct geographical urban areas, Birmingham and South Wales. Participants were selected for their market presence within a given area and the fact that they were all members of approved regulatory schemes. Findings – Overall, most agents were broadly happy with the process and considered adjudication to be an appropriate form of resolution for tenancy deposit disputes given the often small monetary value of the disputes and the large volume of cases. Concerns were raised, however, regarding the heavy bureaucratic burden placed on agents and on the perceived evidential burden on the landlord. There being a widely held view that a...
{"title":"Adjudication in tenancy deposit scheme disputes: agents’ perspectives","authors":"Julian Sidoli del Ceno, H. George, Michel Vols","doi":"10.1108/IJLBE-09-2014-0026","DOIUrl":"https://doi.org/10.1108/IJLBE-09-2014-0026","url":null,"abstract":"Purpose – The purpose of this paper is to examine empirically the operation of tenancy deposit protection within England and Wales. The paper consciously focuses solely on the views and perspectives of letting agents operating in the various schemes. Design/methodology/approach – The paper is based on a series of semi-structured qualitative interviews with lettings agents in two distinct geographical urban areas, Birmingham and South Wales. Participants were selected for their market presence within a given area and the fact that they were all members of approved regulatory schemes. Findings – Overall, most agents were broadly happy with the process and considered adjudication to be an appropriate form of resolution for tenancy deposit disputes given the often small monetary value of the disputes and the large volume of cases. Concerns were raised, however, regarding the heavy bureaucratic burden placed on agents and on the perceived evidential burden on the landlord. There being a widely held view that a...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124619331","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2015-04-10DOI: 10.1108/IJLBE-12-2013-0041
Duncan Ranslem
Purpose – This study aims to examine how temporary relocation areas (TRAs), urban forms that facilitate evictions and forced relocations, have been written into South African legal and governmental structures through contested urban planning and legal regimes. Design/methodology/approach – Proceeding from the macro-scale of TRAs spread across the nation, to the mezzo-scale of the Delft Symphony Way TRA in Cape Town, to the micro-scale of an individual “blikkie” (housing unit) within this camp, the article looks at the form and function of the TRA in urban resettlement practices. Special attention is given to relocation areas’ designation as “temporary” spaces and the consequences of this temporal designation in law and on the ground. Findings – These sites have developed as technologies for negotiating competing demands on the state, and their presence foregrounds some of the deeply rooted contradictions in post-apartheid South Africa. They are places both within and apart from the city, often managed by ...
{"title":"‘Temporary’ relocation: spaces of contradiction in South African law","authors":"Duncan Ranslem","doi":"10.1108/IJLBE-12-2013-0041","DOIUrl":"https://doi.org/10.1108/IJLBE-12-2013-0041","url":null,"abstract":"Purpose – This study aims to examine how temporary relocation areas (TRAs), urban forms that facilitate evictions and forced relocations, have been written into South African legal and governmental structures through contested urban planning and legal regimes. Design/methodology/approach – Proceeding from the macro-scale of TRAs spread across the nation, to the mezzo-scale of the Delft Symphony Way TRA in Cape Town, to the micro-scale of an individual “blikkie” (housing unit) within this camp, the article looks at the form and function of the TRA in urban resettlement practices. Special attention is given to relocation areas’ designation as “temporary” spaces and the consequences of this temporal designation in law and on the ground. Findings – These sites have developed as technologies for negotiating competing demands on the state, and their presence foregrounds some of the deeply rooted contradictions in post-apartheid South Africa. They are places both within and apart from the city, often managed by ...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124912328","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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