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Property Law Journal: 6 May 2013
Forsters LLP

European Urban St Pancras 2 Ltd v Glynn confirms that a right to park cars on land can be a legal easement. Nikolas Ireland examines the case.

The county court judgment in the case of European Urban St Pancras 2 Ltd v Glynn [2013] provides important confirmation that a right to park cars on land can constitute a legal easement, even where the use is extensive, and that such easements can be acquired through the prescriptive doctrine of lost modern grant.

Ben Holt reviews the impact of the Bribery Act two years on

It has now been almost two years since the Bribery Act 2010 came into force. While the Act must clearly be taken very seriously, its application in certain scenarios appears to have sparked some misunderstanding and overreaction. It is a good time to review the key features of the Act and to consider the confusion around landlord’s incentives, corporate hospitality and the inclusion of overly onerous anti-corruption provisions in standard form contracts.

Paul Tonkin summarises recent case law

In Smith v Jafton Properties the court considered whether four self-contained flats used for short-term residential serviced accommodation were ‘flats’ and ‘occupied for residential purposes’. Leigh Shapiro investigates.

Hot on the heels of the ‘what is a house?’ debate considered last year by the Supreme Court the different but related question of ‘what is a flat?’ has fallen to be considered by the courts in the case of Smith v Jafton Properties [2011].

Simon James and Bryan Johnston consider what the Jackson reforms mean for property litigation

The Jackson reforms came into force on 1 April 2013. Though aimed primarily at personal injury litigation, the reforms will also affect property litigation. For example, the rules on disclosure will change, cases could be subject to court-determined budgets, and claimants will be encouraged to make settlement offers. The funding of litigation will also change. Success fees payable on conditional fee agreements will no longer be recoverable from the losing party, and lawyers will be able to enter into contingency fee agreements. Not a revolution, perhaps, but the reforms will bring significant changes and, with them, significant challenges, not least for the judiciary. Background

John Starr

Cuts to legal aid encourage wasteful actions by litigants in person over boundary and other disputes. John Starr discusses

A colleague of mine once had a cartoon pinned to a corkboard above his desk. The first panel showed the head and shoulders of a man saying ‘Of course I’m going to represent myself in court’. In the next panel, the perspective has panned back to show that he is sitting on the edge of his bed, a knife in one hand and a mirror in the other, saying ‘… right after I’ve finished this open heart surgery’.