Welcome to your weekly round-up of the pick of the content published on EG Legal.
This week, we have an analysis piece on the soaring cost of residential service charges over the last 12 months, how landlords and tenants have responded and the best way forward.
In addition, with the Law Commission announcing plans to once again conduct a review of compulsory purchase, a planning expert shares his aspiration that this might finally bring order to a chaotic area of law.
Podcast fans can enjoy our latest On the Case, this time on the issue of property guardians and what they mean for the rating of otherwise empty premises.
Legal news
On the Case: Rating premises with property guardians
LISTEN Roger Cohen offers an update on a dispute over the impact of the use of property guardians on empty rates
Brunswick Centre wins permission to appeal retail space ruling
Owners seeking to overturn 2003 planning permission
Crown Estate and Twitter settle lawsuit over rent arrears
The social media giant has a £2.6m lease at 20 Air Street offices
Weightmans moves to Birmingham’s tallest building
Law firm takes 12,132 sq ft at 103 Colmore Row
Upper Tribunal further erodes status of property guardians
The tribunal ruled that occupation by guardians is only a temporary use
SFO seeks £92,000 over Kallakis’ school building donation
Serious Fraud Office steps in after convicted mortgage fraudster’s son receives settlement from school
Legal features
Is it finally time for a fair CPO?
Raj Gupta says the Law Commission’s latest review of compulsory purchase orders offers the opportunity to finally bring order to the law
Is mediation ready to become mandatory?
Jacqui Joyce takes a look at the Centre for Effective Dispute Resolution’s latest Mediation Audit
The cost of the service charge crisis
Simon Hartley addresses how landlords and tenants have responded and what can be done to reduce the risk of disputes
Nothing worthwhile is easy – getting notices right
Claire Thornber and Patrick Campbell Corcoran highlight three recent Scottish decisions that show some of the pitfalls of notices
Data, sustainability and the green glass slipper
Integrating sustainability data and real estate data is fundamental to decarbonising real estate, writes Alister Langdon
Legal note: When adjudication principles collide
Stuart Pemble analyses a TCC judgment upholding an adjudicator’s decision which presented two alternative outcomes
Practice points
Persons unknown: parties joined to proceedings obtain orders for costs
Ineos Upstream Ltd and others v Persons Unknown and others
Beneficial ownership of property: attempt to evade confiscation order fails
Milsom and another v Smith and another
Can NHS trusts fund services through section 106 contributions?
R (on the application of University Hospitals of Leicester NHS Trusts) v Harborough District Council
‘Salami slicing’ lead to quashing of planning permission
R (on the application of Ashchurch Rural Parish Council) v Tewkesbury Borough Council
Real property: dissolution, disclaimer and subrogation
Leon v Kensington Mortgage Company Ltd and another
Service charges: re-apportionment and jurisdiction of the FTT under section 27A(6) – revisited
Aviva Investors Ground Rent GP Ltd and another v Williams and others
Covenants: trade restriction upheld
Hodgson and another v Cook and others
Rating consequences of offices occupied by property guardians
Ludgate House Ltd v Ricketts (valuation officer) and another
Landlords without management functions and the right to manage
A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd
Easements: ancillary rights
Gosling and others v Bradbury and another
Case summaries
Owadally and another v Planology Ltd and others
Negligence – Summary judgment – Strike out
Après Lounge Ltd v Wade
Negligence – Occupier’s liability – Duty of care
Hodgson and another v Cook and others
Restrictive covenant – Modification – Estate
Law report
Candy v Commissioners of HM Revenue and Customs
Taxation – Stamp duty land tax – Repayment
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