Strategic Branding Ltd v Commissioners for HMRC WTLR(w) 2023-02

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Totton & anr v Totton WTLR(w) 2023-03

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Nuisance: A watching brief

Forsters LLP | Property Law Journal | February 2023 #404
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 applicationIf 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 flats,…

1954 Act lease renewals: The post-pandemic landscape

Charles Russell Speechlys LLP | Property Law Journal | February 2023 #404
Georgina Muskett reviews some of the issues that have arisen from landlord and tenant cases since the pandemicSince 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 have…

Boundary disputes: On the wrong track

Pallant Chambers | Property Law Journal | February 2023 #404
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. In…

Construction focus: Liquidated damages provisions in construction contracts

Forsters LLP | Property Law Journal | February 2023 #404
Lauren Hepburn reviews a case providing a reminder to be clear, certain and specific in the drafting of LADs provisionsIt 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 new…

Cybersecurity: Ransomware and commercial real estate

Squire Patton Boggs LLP | Property Law Journal | February 2023 #404
Commercial real estate portfolios are a prime target for cyberattacks. Malcolm Dowden assesses the risksGiven 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 for…

Joint ownership: Common intention and detriment

University of Greenwich | Property Law Journal | February 2023 #404
Mark Pawlowski provides an update on whether detriment is a necessary requirement in joint ownership cases involving the family homeThe 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 beneficial…

Planning update: LURB and reforms to national planning policy

Herbert Smith Freehills LLP | Property Law Journal | February 2023 #404
Fiona Sawyer reviews the government’s consultation on reforms to national planning policy along with the draft NPPFThe 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 for…

Set aside: Right outcome, wrong route?

Raworths LLP | Family Law Journal | February 2023 #220
Ellie Foster analyses the court’s recent application of the Barder principles to a pension sharing order and whether the correct procedural route was adopted In Goodyear, it was necessary to understand the rationale for the pension share agreed, particularly given the flexible nature of pensions and the fact that in many cases they are treated…