April 2019 #370 – Law Journals

Privacy and nuisance: A ground-breaking storm in a teacup?

Does being overlooked amount to a private nuisance? Megan Davies considers a recent case involving the Tate Modern ‘Residents at the Neo Bankside development claimed that the public’s use of the Tate’s platform invaded their privacy and that they have a right to this being protected either pursuant to Art 8 of the European Convention …

Continue reading "Privacy and nuisance: A ground-breaking storm in a teacup?"

This post is only available to members.

Highways: Digging deeper

The Supreme Court has clarified the meaning of a highway, with reference to legislative history, as Senay Nihat and Martin Thomas find out ‘The purpose of the Transfer Order was to put TfL in the position of the authorities so that whatever part of the vertical plane was owned by them at the operative date …

Continue reading "Highways: Digging deeper"

This post is only available to members.

Repair: Enforcement by specific performance

A court has enforced the landlord’s repairing obligation relating to Beetham Tower, requiring it to find a permanent solution to failing glass panels, as Lucy Shepherd and Luke Holden discover ‘The question the court had to consider was whether the façade, with its temporary stitch plates in position, was in disrepair.’ At 47 storeys high, …

Continue reading "Repair: Enforcement by specific performance"

This post is only available to members.

Town and village greens: Registration of ports and foreshore

Richard Bagwell explores the recent judgment of the Court of Appeal in TW Logistics Ltd v Essex County Council ‘Although registration as a TVG curtails any potential uses of the land by the owner, the owner is entitled to continue pre-existing activities as long as they do not interfere unduly with the recreational rights to …

Continue reading "Town and village greens: Registration of ports and foreshore"

This post is only available to members.

Frustration of leases: A radical approach

Mark Pawlowski takes a look at the doctrine of frustration as it applies to leases in the light of a recent ruling on whether Brexit frustrates a lease ‘Only if the event is so serious that it goes to the whole foundation of the lease, rendering the leasehold estate worthless or useless, will it amount …

Continue reading "Frustration of leases: A radical approach"

This post is only available to members.

Construction focus

John Starr reports on a decision clarifying how second adjudications work, as well as a number of tax changes in the offing ‘True value’ adjudications require payment ‘A party required to make immediate payment because of an adjudication decision based upon the contractual route will be entitled to commence and rely upon the results of …

Continue reading "Construction focus"

This post is only available to members.

Land agreements: Competition infringements considered

John D Colahan and Anuj Ghai review the CMA’s recent guidance on land agreements ‘The CMA acknowledges that most land agreements will not infringe competition law and has acknowledged that there are many legitimate reasons why a business may seek to impose a limitation on the uses for land.’ Many UK businesses handle or operate …

Continue reading "Land agreements: Competition infringements considered"

This post is only available to members.