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publications - By David Schmitz

David Schmitz writes ‘Student lettings: Frustration and the pandemic’

15th Mar 2021

The Property Law Journal of Legalease has published on-line an article by David Schmitz, on whether occupiers can get out of contracts and leases for student accommodation, if they have not been able to attend university because of Covid 19 restrictions. The full article can be found here. This article was first published in Property […]

Digging the Dirt on Basements

5th Jul 2017

In his paper  entitled ‘Digging the dirt on basements’ David Schmitz highlights five key issues for building owners to consider:  (1) what are the consequences at common law and in equity of any unpleasantness caused the carrying out of the necessary works of construction; (2) what are the consequences in common law and in equity where the presence of […]

Nuisance: Neighbourhood watch

14th Jun 2017

David Schmitz considers how to approach nuisance cases where the character of an area has changed in The Commercial Litigation Journal (May/June 2017). Click here to read more.

Do gagging clauses work?

1st Feb 2015

There has been considerable interest in the use of gagging clauses by public authorities. David Schmitz examines the legal principles relating to them. The recent and growing, trend of governments to hire charities to carry out work previously done by the State has raised concerns that this could lead to a loss of the independence […]

Power to Voice

1st May 2014

In his concluding article David Schmitz discusses the legal position for charitable trustees faced with a gagging clause. The first article on this subject (TELTJ155, April, p18) examined broadly whether the trend for governments to use charities to carry out work previously executed by government bodies could compromise a charity’s independence: it discussed the equitable […]

Threat to independence? – TELTJ 155, April 2014

1st Apr 2014

In the first of two articles David Schmitz examines whether gagging clauses are enforceable against charities. The recent and growing trend of governments to hire voluntary organisations such as charities to carry out work previously done by governments has led to concerns that this could lead to a loss of the independence of charities or, […]

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