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Legal wrap: Road to net zero, landmark telecoms ruling and a logistics game plan

We hope you have made it through the record-breaking heatwave – and, with our impacts on the environment made all-too-obvious, this week we have analysis of the independent Climate Change Committee report into the UK’s difficult road to net zero. In addition, we have a thorough review of the Supreme Court’s recent decision on the Electronic Communications Code, the latest piece in our logistics series, the fourth episode of our legislation-focused podcast, In on the Act, and much more.

Legal news

World Heritage demands removal of caravan site
Derbyshire council wins the latest round in its legal battle with a caravan site accused of unauthorised development in the Derwent Valley

Contractor loses High Court battle over combustible cladding on Gosport tower blocks
Mulalley was found to be in breach of contract in fixing combustible cladding

In on the Act: Mark Sefton considers the case for reform of the 1954 Act
Episode four of EG’s new monthly podcast series tackles the Landlord and Tenant Act 1954

Legal features

What does the Supreme Court’s ruling mean for telecoms?
Laura West and Jonathan Wills cover the implications of a landmark ruling on the Electronic Communications Code

Working together to reduce carbon emissions
Alexandra Holsgrove Jones takes a look at the recent Climate Change Committee report to parliament

A matter of trusts
Polly Seale and Elizabeth Thomson outline the recent changes to the Trust Registration Service

Devising a logistics game plan
Simon Keen and Tom Newcombe present the second instalment in their series on setting up a new industrial/logistics estate

Legal note: Collateral warranties are probably contracts
Court of Appeal decision has resolved one of the thorniest of issues dividing construction lawyers, writes Stuart Pemble

Practice points

Is a right of burial a proprietary interest?
Demetriou v Mapara and others

Solicitors’ liability depends on assumption of responsibility where there is no retainer
Spire Property Developments v Withers

It may harm your defence if you fail to mention a policy you later rely on in court
TV Harrison CIC v Leeds City Council

Clause in conveyance did not permit retrospective modification of restrictive covenant
Mackenzie v Cheun and another

Building owner recovers cost of replacing cladding installed in breach of building regulations
Martlet Homes Ltd v Mulalley & Co Ltd

Block management: occupiers engaging in conduct amounting to harassment
Albert Court (Westminster) Management Company Ltd and others v Fetaimia and another

Proprietary estoppel: buyback agreement between friends
Rojob and another v Deb

Code agreements: determination of rent requires a structure approach
EE Ltd and Hutchison 3G Ltd v David Paul Stephenson and AP Wireless II (UK) Ltd

Case summaries

Demetriou v Mapara and others
Cemetery – Burial rights – Validity

Spire Property Development LLP and another v Withers LLP
Professional negligence – Liability – Solicitor

Northumberland Mews Ltd v Thanet District Council
Housing – Selective licensing – Civil penalty

EE Ltd and another v Stephenson and another
Telecommunications – Electronic communications code – Consideration and compensation


For more legal articles and to search our extensive archive, visit EG Legal 


To send feedback, e-mail jess.harrold@eg.co.uk or tweet @EGPropertyNews

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