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Will the floodgates be opened to nuisance claims following the Supreme Court ruling in the Tate Modern ruling? Sarah Heatley considers the ruling and its relatively narrow application If the Tate had been making ordinary use of its land, the claimants could not have complained about any visual intrusion resulting from the design of their …
Continue reading "Nuisance: A watching brief"
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Georgina Muskett reviews some of the issues that have arisen from landlord and tenant cases since the pandemic Since the pandemic, some commentators have observed that the problems that arose as a result of the lockdowns could be resolved by using turnover rents, with landlord and tenant ‘sharing the pain’. Throughout 2021 and 2022 there …
Continue reading "1954 Act lease renewals: The post-pandemic landscape"
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Noah Gifford considers whether boundary disputes should be allocated to the small claims track? The legal complexities in boundary disputes, especially those concerning minimal land, can perplex even the most experienced counsel. Boundary disputes, whether concerning large or small amounts of land, are evidentially and legally complex. As a result, they often involve significant costs. …
Continue reading "Boundary disputes: On the wrong track"
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Lauren Hepburn reviews a case providing a reminder to be clear, certain and specific in the drafting of LADs provisions It was recognised that the very fact that Schedule 10, a bespoke LAD regime, was included in the contract demonstrates that the parties intended for it to have some legal effect. As we enter a …
Continue reading "Construction focus: Liquidated damages provisions in construction contracts"
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Commercial real estate portfolios are a prime target for cyberattacks. Malcolm Dowden assesses the risks Given that post-attack measures are likely to be ineffective or risky, the key lies in preparation and in assuming that an organisation might suffer a ransomware attack affecting its critical systems and data. Cybersecurity has emerged as a key issue …
Continue reading "Cybersecurity: Ransomware and commercial real estate"
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Mark Pawlowski provides an update on whether detriment is a necessary requirement in joint ownership cases involving the family home The deal was sufficient to establish the common intention and the common intention was sufficient to establish the constructive trust. There has been considerable debate as to whether a claimant seeking to establish an enlarged …
Continue reading "Joint ownership: Common intention and detriment"
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Fiona Sawyer reviews the government’s consultation on reforms to national planning policy along with the draft NPPF The current five-year housing land supply buffers of 5%, 10% or 20% will be removed, and LPAs will be able to include historic oversupply in their five-year housing land supply calculations. As promised by the Secretary of State …
Continue reading "Planning update: LURB and reforms to national planning policy"
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While conditions at Manston processing centre were grabbing headlines, less was said about the planning challenge brought by local councils wanting to prevent local hotels being used as temporary accommodation by asylum seekers. Saira Kabir Sheikh KC considers the case An injunction under s187B is a powerful and useful tool for a local planning authority. …
Continue reading "Case update: Stoke-on-Trent City Council, the Home Office and asylum seekers"
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In the third in the series of articles highlighting the differences and similarities between the laws of Scotland and England and Wales relating to real estate, Michael Ramsay and Sally Anthony look at differences in landlord and tenant law One of the areas where there is a significant difference between the jurisdictions in commercial leasing …
Continue reading "Expiry of commercial leases: Should I stay or should I go?"
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Gemma Irving considers the new responsibilities created by the 2022 Act The accountable person will be any person or body which holds the legal estate in possession in any of the common parts, or is under a repairing obligation in relation to any part of the common parts. The Building Safety Act 2022 creates new …
Continue reading "Fire safety: The accountable person – are you ready?"
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