Property

Interim and final injunctions: the differences

Roderick Morton considers two injunction cases which neatly illustrate the differences between interim and final injunctions. Read more

NEWS

Oct 05, 2021

Law firm advises borough on deal to build largest film and tv production centre in London

Law firm Gowling WLG has advised the London Borough of Barking and Dagenham and its regeneration and development company Be First on an agreement with Hackman Capital Partners (HCP) to build London's largest film and TV production centre in Dagenham.

Oct 05, 2021

Bevan Brittan advises borough council on £7m purchase of town centre site

A team from law firm Bevan Brittan's London and Leeds offices has advised Worthing Borough Council on the £7m acquisition of a major town centre site.

Sep 29, 2021

Property specialist becomes fifth High Court judge appointed in September

A fifth new High Court judge – real property law specialist Edwin Johnson QC – has been appointed this month.

Sep 24, 2021

Council fails in bid for final injunction prohibiting defendants from anti-social behaviour in any public space in borough

A High Court judge has rejected an application by the London Borough of Hackney for a final injunction prohibiting a number of defendants until 13 September 2022 from engaging in various activities which were said to constitute anti-social behaviour and/or public nuisance in any public space in the borough.

Sep 22, 2021

MoJ sets up expert working group on electronic signatures

The Ministry of Justice has established an expert working group to seek ways to improve standards, reliability and security in electronic signatures and other means of legally executing documents.

Sep 21, 2021

Welsh Government to simplify planning and historic environment law as part of codes plan

The Welsh Government has launched a new programme to simplify planning and historic environment law, as part of a long-term plan to create Codes of Welsh law.

Sep 21, 2021

Court of Appeal to live stream contempt of court appeal next week from builder of “Britain’s biggest man cave”

The Court of Appeal will next week hear an appeal by a defendant found in contempt of court for failing to demolish a leisure building housing a cinema and bowling alley that he was ordered to take down in 2018.

Sep 20, 2021

SRA and county council secure funding for legal projects from Regulators Pioneers Fund

An Oxfordshire County Council project aimed at improving legal compliance in relation to unmanned aerial vehicle (UAV) services and trials and a Solicitors Regulation Authority (SRA) research project into enhancing legal access within local communities are amongst 21 projects to have received financial backing from the Department for Business, Energy and Industrial Strategy (BEIS).

Sep 20, 2021

Guidance issued on remote hearings and bundles in Business and Property Courts

The Courts and Tribunals Judiciary has issued guidance on practical measures that will – with the authorisation and approval of the Chancellor of the High Court and the Judges in Charge of the Commercial Court and the Technology and Construction Courts – remain in place until further notice, to assist the courts of the Business and Property Courts “to deal with their business as efficiently as…

Sep 16, 2021

Property transaction using Qualified Electronic Signature in Land Registry pilot completes in just 24 hours

The UK's first property deal using a technology that does not require a witness has been completed this week, taking 24 hours to complete.

FEATURES AND ANALYSIS

October 07, 2021

What now for public sector office buildings?

With the move to working from home, what will become of public sector office buildings? Amy Entwistle looks at the position in Scotland.

September 29, 2021

Practice Direction 57AC Trial Witness Statements in the B&PC

Matthew Hall and Geraint Wheatley discuss various issues relating to evidence in property cases.

September 23, 2021

Fixtures or fittings?

Although the facts related to a commercial dispute, the Technology and Construction Court’s recent approach to determining if something is a fixture or fitting applies across a range of legal areas, write Clive Adams, Stathis Kosteletos and Elena-Lucia Singleton.

September 16, 2021

You can never be too diligent - the issue of know your client

Paul Feild considers the risk to local authorities posed by money laundering and the importance of carrying out due diligence properly in their transactions.

September 16, 2021

Reversibility of works affecting heritage assets

The High Court recently dismissed a claim for judicial review of a decision to grant planning permission and listed building consent for a rear extension to a listed residential dwelling in Cambridge. Jack Parker explains why.

September 02, 2021

Electric vehicles and landowners – it’s time to get plugged in!

David Hobbs looks at some key issues for public sector landowners to consider when providing electric vehicle charging points.

August 26, 2021

Commercial leases and unpaid rent

Are we turning a corner? Priya Sejpal examines the Government Policy Statement on COVID-19 enforcement and rent recovery restrictions for commercial leases.

August 26, 2021

Fuzzy and uncertain boundaries

David Nuttall looks at the implications for the law of boundaries from a recent High Court ruling.

The legal world’s “perfect” solution to paper-based working that is anything but!

In the legal world PDFs are often seen as the ideal replacement for paper-based systems. But as many have discovered digital workflows underpinned by PDFs come with their own set of challenges.

MORE NEWS

Sep 14, 2021

Councils express concern about practicalities of implementing new fire safety legislation

The Local Government Association has said it welcomes the introduction of the Fire Safety Act and the Building Safety Bill and hopes they will be "an important step in the right direction", but has expressed concern about some of the practicalities of the implementation of new fire safety legislation for both resident safety and local authorities.

Sep 13, 2021

Leading planning, property and public law chambers set up mentoring scheme for under-represented groups at the Bar

Five sets of chambers that specialise in planning, property and public law – Cornerstone Barristers, Field Court Chambers, FTB Chambers, Kings Chambers and Landmark Chambers – have set up a mentoring scheme for underrepresented groups at the Bar.

Sep 09, 2021

Homes England 'revolutionises' procurement process with launch of new land disposal approach

Homes England has launched what it has called a "first of its kind" Delivery Partner Dynamic Purchasing System, which allows housebuilders to apply to join the agency's list of preferred developers on an ongoing basis, rather than having to wait until the list renews once every four years.

Sep 08, 2021

Council obtains injunction to prevent sale of Tudor overmantel from listed building

Stafford Borough Council has secured an injunction to stop a local auction house from selling a 16th century overmantel, thought to be worth a substantial sum.

Sep 01, 2021

District planning authorities in England issue fewest number of enforcement notices since records began

District planning authorities in England issued fewer than 3,000 enforcement notices in the year to March 2021, government data has revealed.

Aug 26, 2021

LGA calls for billing authorities to have ability to be parties to business rates appeals again

The Local Government Association (LGA) has said that billing authorities in England should have the ability restored to be party to business rates appeals.

Aug 26, 2021

City council threatened with legal action over permission for 55-storey tower accommodating students

Manchester City Council faces legal action over its decision to allow construction of a tower block of student accommodation in the city centre, it has been reported.

Aug 23, 2021

Parks body wins dispute over ownership of boathouse next to Serpentine Lake

The Royal Parks Limited (TRP) has won a dispute concerning the ownership of a boathouse and jetties located on the north west side of the Serpentine Lake in London’s Hyde Park.

Aug 19, 2021

Treasury guidance sees councils allowed to use Public Works Loan Board to refinance commercial property debt that would otherwise be ineligible for support

The Treasury is to allow local authorities to borrow from the Public Works Loan Board (PWLB) to refinance debt even when this has been incurred on commercial property projects now ineligible for the board’s support.

Aug 19, 2021

High Court dismisses claim that RAF pilots flew over holiday park deliberately

A holiday park owner has failed to convince the High Court that RAF officers flew noisy planes over his property in a deliberate attempt to intimidate him.

Aug 17, 2021

Historic England chooses four law firms for £2m legal services panel

Historic England has named four law firms to a £2m contract for advice on a broad spectrum of legal work.

Aug 16, 2021

Hull City Council formally adopts use of electronic seal

Hull City Council has become one of the first councils to formally adopt the use of an electronic seal.

Jul 22, 2021

High Court quashes decision to transfer land to community council in skate park dispute

Plans to build a new skatepark in Swansea have been delayed after the High Court quashed Swansea Council's (CCSC's) decision to transfer land earmarked for the £360,000 development to Mumbles Community Council.

Jul 13, 2021

Mayor of London to offer boroughs ‘Right to Buy-back’ funding to boost supply of council homes

The Mayor of London, Sadiq Khan, is to offer boroughs funding to purchase homes previously sold through the Right to Buy.

Jul 13, 2021

London borough secures possession order against groups camping on Clapham Common

The London Borough of Lambeth has secured an order for possession against occupiers camping on Clapham Common.

Jul 07, 2021

Experienced social housing and property practitioner joins Five Paper

Simon Strelitz, a housing and property practitioner with 20 years’ experience in the work undertaken by the Property Division, has joined Five Paper.

Jul 01, 2021

Government consults on more frequent business rate reviews

Business premises could be revalued for rating every three years instead of every five under Government proposals.

Jun 25, 2021

Strengthened local government Prudential Code to be published by end 2021: CIPFA

A strengthened Prudential Code, which aims to ensure local authorities’ financial plans are affordable, prudent and sustainable, will be published by the end of 2021, CIPFA has announced.

Jun 23, 2021

Owner persuades High Court to quash general vesting declaration made by city council over empty property

The High Court has quashed a general vesting declaration (GVD) made by Birmingham City Council because of what Mr Justice Holgate called “the unusual circumstances of this case.”

Jun 23, 2021

Upper Tribunal rules in favour of telecoms firms in dispute with council over terms of indemnity for site provider

An agreement between telecoms firms and the London Borough of Hackney should limit the former’s liability to third party claims in respect of surveying whether a residential tower block is suitable for a mast, the Upper Tribunal (Lands Chamber) has said.

Jun 08, 2021

Cabinet at London borough to consider proposals for £7.88m in repayments to tenants to address water overcharging

The Mayor and Cabinet at Lewisham Council will be asked this week to approval proposals to make refunds to current and former tenants it unknowingly overcharged in respect of water rates due.

Jun 07, 2021

Community group secures permission for legal challenge over refusal by local authority to list playing field as asset of community value

A community group in Leeds has been given permission to challenge the refusal of the city council to register a playing field as an asset of community value, it has been reported.

Jun 03, 2021

Council fails in appeal over rates liability of charity that runs 200+ fitness centres

The London Borough of Merton has lost a Court of Appeal case over a charity’s liability for rates when two justices disagreed with the third, who had given the main judgment.

May 19, 2021

Rare pottery including jug depicting barrister returned to council after theft over a decade ago

Two valuable pieces of Ealing Council's Martinware collection, including a two-sided 'barrister jug', have been returned to the London borough after having been stolen more than a decade ago.

May 18, 2021

Housing Ombudsman urges social landlords to address individual circumstances of residents when dealing with cladding complaints

The Housing Ombudsman has called on social landlords to do more to address residents’ individual circumstances in cladding complaints.

FEATURES AND ANALYSIS

August 04, 2021

Overage agreements and competing dispute resolution clauses

The High Court recently granted an urgent injunction restraining an expert determination in a case involving a housing association where there were competing dispute resolution clauses in relation to an overage agreement. Lara Kuehl analyses the judgment.

August 03, 2021

Joint ventures: The benefits and implications for RPs and developers explained

Chimi Shakohoxha, Ryan Campbell and Rita Saadeh set out the benefits and implications of joint ventures between registered providers and developers.

July 29, 2021

Japanese knotweed and private nuisance

Jonathan Pennington Legh acted recently in a case concerning Japanese knotweed. Here he considers how the related legislation impacts landowners and practical steps you may like to consider.

July 22, 2021

Implementing a compulsory purchase order

Simon Bell considers the lessons for local authorities and claimants from a recent High Court challenge to a council's decision to execute a general vesting declaration.

July 08, 2021

Introduction of the Building Safety Bill

Lorna Kenyon offers some initial thoughts on the scope of the Building Safety Bill.

July 08, 2021

The New Model for Shared Ownership Lease: a decade of repair costs for landlords

Mark Foxcroft looks at the impact on registered providers of the 10-year repair-free period under the Shared Ownership model.

July 07, 2021

Electronic execution: how to save time and money sealing your property documents

A new era of paperless property deals is upon us following the Land Registry’s landmark decision in July 2020 to accept e-signed documents for registration, writes Sandy Munroe.

July 01, 2021

Tree safety management

Nicholas Thorne examines a recent case that considered the landowner's duty of care when it comes to tree safety management.

June 24, 2021

Business rates – is the tide turning?

Business rates are an important source of funding but assessment and enforcement of liability require local authorities to address a complex range of issues. Paul Hilsdon and Clare Hardy examine two recent cases have shown that courts are prepared to look closely at the arrangements under which premises are occupied.

June 17, 2021

An education in selling school land

It isn’t often that the senior courts pronounce on the School Sites Acts, so a recent Supreme Court judgment is welcome, writes David Peachey.

June 07, 2021

The Charities Bill – A simplified approach for registered providers

Chimi Shakohoxha and Spencer Vella Sultana examine how proposed changes in the Charities Bill will impact small and large scale land disposals for registered providers.

June 03, 2021

Referee or goalkeeper? The Court of Appeal decides

The Court of Appeal recently considered the correct approach to be taken by a Court to the issue of reasonableness when the defence to a claim for service charges has been struck out. Ryan Kohli explains the outcome.

May 27, 2021

Local authority injunctions against “Persons Unknown” - the civil law runs out

Ranjit Bhose QC analyses the recent High Court ruling on "Traveller Injunctions" and "persons unknown".

May 27, 2021

Local authority break rights in long development leases

The High Court has recently declared that a local authority landlord’s break right in a long lease – expressed as being exercisable ‘at any time’ following a tenant default – had been validly exercised, even though the default in question had occurred 16 months prior to the break notice being served. Ayesha Khalique explains why.

May 27, 2021

Public Procurement: Lease or Public Works Contract. Where’s the dividing line?

Matthew Mo and Kyle Duggan look at the implications of a recent European Court procurement ruling on development agreements entered into by public bodies.

May 20, 2021

Dispensation from service charge consultation requirements

The Court of Appeal has recently considered the circumstances in which the First-tier Tribunal may grant a landlord dispensation from the service charge consultation requirements prescribed by s. 20 of the Landlord and Tenant Act 1985. Philip Rainey QC and Robyn Cunningham examine the ruling.