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Planning consent: implied terms and risk in a JCT contract

Overview

On 16 March 2018, the Court of Appeal handed down a decision in the case of Jean-Francois Clin v Walter Lilly & Co Ltd (2018) confirming that a term should be implied into a JCT form of contract providing for an obligation by the Employer to use all due diligence to obtain consents and approvals in relation to the works, including planning permission.

 

This case study reviews the background to this decision and its implications.

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