Welcome to your weekly round-up of the pick of the content published on EG Legal.
This week, we have a cross-border analysis by lawyers across the globe on how four countries – the UK, the US, France and Germany – have responded to the energy crisis, and the lessons that can be learned from each.
In addition, expert barristers address how the experiences of the arbitration process for Covid-19 rent arrears could offer solutions to more property disputes.
Other topics include principles of rating, reapportionment of service charges and our latest In on the Act podcast, this time discussing the Charities Act 2022.
Legal news
Merton Council takes rates dispute with Nuffield Health to the Supreme Court
Council appealing Court of Appeal ruling
Manchester Ship Canal hearing a ‘timely’ issue for all sewerage companies
Lawyer tells Supreme Court case will affect “escalating problem” of sewage discharge
In on the Act: Michael Ranson discusses the Charities Act 2022
LISTEN The new Charities Act 2022 is due to come into force in three stages
Supreme Court kicks off Manchester hearings with long-running property case
The Supreme Court’s busy year of property cases continues with its first sitting in a regional city
High Court rejects appeal to quash permission for 2,500-home Redditch scheme
Parish council said planning committee hadn’t been given enough information
Legal features
Legal note: Reapportionment of service charges
Elizabeth Dwomoh considers an important Supreme Court decision concerning the effect of section 27A(6) of the Landlord and Tenant Act 1985 on reapportionment provisions in long leases
The global energy crisis: a cross-border comparison
Rosie Bradford, André Lohde, Margot Derumaux, Scott Campbell, Josh Savage and Ingrid Stables examine the different ways the crisis has been tackled in the UK, Germany, France and the US
Three key principles of rating law
Roger Cohen examines a trio of rating law principles and discusses the cases that have underpinned them
View from the bar: Greater joined-up thinking is required
Guy Fetherstonhaugh KC and Joe Ollech ask, should the arbitration procedure under the Coronavirus Act serve as a template for other disputes?
Net zero: forget tokenism – we need real change
Anastasia Klein says it’s time to pull the legal levers to move the industry towards net zero
Q&A: Running the rule over cost recovery
Tom Morris and Georgina Muskett on costs incurred prior to service of section 146 proceedings
Practice points
Unregistered incumbrance granted after order allowing tenants to acquire freehold
Prescott Place Freeholder Ltd and others v Batin and another
Proprietary estoppel and unjust enrichment
Mate v Mate
Compromise agreements
Alnajjar and another v Majeed and others
Civil penalties: conveyancing enquiries and defence of reasonable excuse
Gateshead Borough Council v City Estate Holdings Ltd
Compulsory purchase – no notice to treat required where landowner is unknown
Metropolitan Borough Council of Stockport v Persons Unknown
Overage payment: request to appoint an independent expert must be made within a reasonable time
Bastholm and others v Peveril Securities (Dalton Park Retail) Ltd and others
HMO: a rent repayment order cannot be made against a superior landlord
Rakusen v Jepsen and others
Case summaries
Power and another v Shah
Party wall – Party Wall etc Act 1996 – Jurisdiction
Rakusen v Jepsen and others
Landlord and tenant – Rent repayment order – Superior landlord
R (on the application of Day) v Shropshire Council
own and country planning – Public open space – Material consideration
Legislation tracker
The Rating Lists (Valuation Date) (England) Order 2023 specifies 1 April 2024 as the day for the next local and central non-domestic rating lists to be compiled once this Order has come into force.
The Valuation for Rating (Coronavirus) (England) Regulations 2023 which apply to a rating list compiled on 1 April 2023 for England, specify assumptions that are to be made when applying the provisions of sub-paragraphs (1) to (7) of paragraph 2 of Schedule 6 to the Local Government Finance Act 1988.
The Building Safety Act 2022 (Consequential Amendments and Prescribed Functions) and Architects Act 1997 (Amendment) Regulations 2023 remove references to the Building Regulations Advisory Committee for England.
The Green Belt (Protection) Bill will face second reading at the House of Commons on 17 March. The bill would establish a national register of green belt land in England; restrict the ability of local authorities to de-designate green belt land; and make provision about future development of de-designated green belt land.
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