February 2023 #404 – Law Journals

Nuisance: A watching brief

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 …

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1954 Act lease renewals: The post-pandemic landscape

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 …

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Boundary disputes: On the wrong track

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. …

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Construction focus: Liquidated damages provisions in construction contracts

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 …

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Cybersecurity: Ransomware and commercial real estate

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 …

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Joint ownership: Common intention and detriment

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 …

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Planning update: LURB and reforms to national planning policy

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 …

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