Eileen O’Grady | 27/03/2025 | 11:59 | Case summary | Judgement date: 26/03/2025
Local authority – Planning application – Voting rights – Interested party applying for planning permission to redevelop site – Respondent’s development committee deferring consideration of application – Committee rules restricted voting at subsequent meeting to members attending original meeting – Reconstituted committee granting permission – Court of Appeal upholding refusal of judicial review – Whether […]
Eileen O’Grady | 27/03/2025 | 19:47 | Case summary | Judgement date: 26/03/2025
Rating – Non-domestic rates – Alteration of list – Works carried out at property following termination of lease and prior to opening as delivery kitchen – Appellant applying to reduce rateable value to £1 for duration of works – Valuation tribunal upholding decision to refuse application – Appellant appealing – Whether property incapable of beneficial […]
Eileen O’Grady | 27/03/2025 | 11:42 | Case summary | Judgement date: 25/03/2025
Costs – First-tier tribunal – Rule 13(1)(b) of Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 – Appellant appealing to FTT against improvement notice – FTT allowing appeal – Successful appellant’s application for costs of appeal refused by FTT – Appellant appealing – Whether appellant’s case presented on flawed basis – Whether FTT’s assessment of […]
Eileen O'Grady | 24/03/2025 | 09:55 | Case summary | Judgement date: 21/03/2025
Council tax – Listing – Mobile home – Appellant owning mobile home on residential park – Appellant proposing property be entered in lowest band – Valuation tribunal determining property remain in higher band – Appellant appealing – Whether tribunal erring in applying statutory assumptions – Whether tribunal erring in relying on settlements in relation to […]
Eileen O’Grady | 20/03/2025 | 10:25 | Case summary | Judgement date: 19/03/2025
Company – Winding-up – Advertisement of petition – Injunction – Respondent creditor issuing winding-up petition in respect of applicant company for non-payment of charges for electricity supplies – Applicant seeking injunction to restrain advertisement of petition – Whether single person or entity required to be in occupation of whole supply premises for purposes of paragraph […]
Eileen O'Grady | 18/03/2025 | 16:54 | Case summary | Judgement date: 17/03/2025
Taxation – Corporation tax – Capital allowances – Appellants constructing and operating offshore windfarms – First-tier Tribunal concluding appellants entitled to capital allowances in relation to various studies before windfarms operational – Upper tribunal allowing appeal – Appellants appealing – Whether expenditure on studies “on the provision of” generation assets within section 11 of Capital Allowances […]
Eileen O’Grady | 20/03/2025 | 15:26 | Case summary | Judgement date: 17/03/2025
Landlord and tenant – Variation of lease – Service charges – Respondents holding long leases of flats – Appellant landlord applying to vary leases – First-tier tribunal deciding lacked jurisdiction to vary leases to introduce administration charge for recovery of costs of service charge proceedings from defaulting leaseholder – Appellant appealing – Whether FTT having […]
Eileen O'Grady | 13/03/2025 | 20:03 | Case summary | Judgement date: 13/03/2025
Town and country planning – Prior approval – Material consideration – Appellant local planning authority deciding prior approval not required for erection of electronic communications equipment – Respondent applying for judicial review – Issue concerning effect of exposure to electromagnetic fields (EMFs) on medical implants – Judge refusing application – Whether general principle that potential impact […]
Eileen O’Grady | 12/03/2025 | 09:54 | Case summary | Judgement date: 11/03/2025
Insolvency – Trustee in bankruptcy – Matrimonial home – Appellant and husband occupying property as matrimonial home – Administrator appointed following husband’s death intestate – Following appellant’s bankruptcy estate assets vesting in trustee – Issue arising concerning ownership of property – Respondents obtaining possession order – Appellant claiming property revesting in her – Whether judge […]
Eileen O’Grady | 12/03/2025 | 10:24 | Case summary | Judgement date: 11/03/2025
Highways – Presumption of dedication – Section 31 of Highways Act 1980 – Local authority making definitive map modification order – Order adding footpaths and bridleway to definitive map and statement – Inspector concluding presumed dedication of the way – Claimant applying for judicial review – Whether inspector applying correct test for deemed dedication of […]
