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Legal wrap: The Building Safety Act, rights to light and climate change

Welcome to your weekly round-up of the pick of the content published on EG Legal.

This week, we have an essential guide to the Building Safety Act 2022, featuring everything building owners and landlords need to know about the legislation. In addition, in the wake of a major rights of light case settling, we have an expert view on where that leaves the field in an era when workplaces rely on electric lighting. Other topics include the importance of a holistic approach to climate change and the latest word from the government on dealing with embodied carbon.

Legal news

Mayfair restaurant takes lease extension battle to High Court
Lawyers for Hush restaurant argue the court can grant relief from forfeiture on an extension option

Mishcon to be sued over fees from client who misappropriated millions of pounds
Former Mishcon client allegedly “extracted” around £13m from now-defunct property investment company

High Court rejects challenge to Enfield low-traffic neighbourhood
Dog walker claimed road closures had damaged her business

Maples Teesdale’s Dellah Gilbert takes over as PLA chair
Gilbert replaces Hogan Lovells’ Mathew Ditchburn as chair of the Property Litigation Association

Planning permission for Somerset ‘carnival park’ quashed after accusations of bias
Countryside charity told High Court two of the councillors who voted for the project were too close

Legal features

Legal note: Accidents happen
Louise Clark analyses the duty of care in an occupiers’ liability claim following a man’s fall in a Waitrose car park

What you need to know about the Building Safety Act
Paul Tonkin and Katie Dunn focus on the key requirements of the 2022 Act

The quality of light
Guy Fetherstonhaugh KC and Phil Sissons consider whether daylight is of any significance to offices which are always electrically lit

Adopt a holistic approach to climate change
Alessandro Ciampechini asks: what are the practical implications for property owners of moving a building to band B?

Dealing with embodied carbon
Siobhan Cross and Nicholle Kingsley take a look at the government’s robust response to sustainability recommendations

Rural View: Steady as a rock?
A recent report provides a new foundation for tenant farmers in a new age, writes Charles Cowap

Practice points

Application for summary judgment appropriate to determine land issue
Holdgate v Bishop

Claim to prescription defeated by documents deliberately withheld
Von Hogersthal v Boyan

Landlord and tenant: a noisy building
Tejani v Fitzroy Place Residential Ltd and another

Public officials must not only avoid impropriety but the appearance of it
R (on the application of CPRE (Somerset)) v South Somerset District Council and others

Receivers not personally liable where vesting of lease was for the purpose of the receivership
Alma Property Management Ltd v Crompton and another

Case summaries

Burnford and others v Automobile Association Developments Ltd
Company – Strike out – Reflective loss

R (on the application of CPRE (Somerset)) v South Somerset District Council
Town and country planning – Planning permission – Apparent bias

Build Hollywood Ltd v Hackney London Borough Council
Town and country planning – Removal notice – Advertisements

 


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