Welcome to your weekly round-up of the pick of the content published on EG Legal over the past seven days.
This week, we look ahead to the forthcoming Supreme Court appeal in Fearn and others v Board of Trustees of Tate Gallery – the high-profile breach of privacy claim brought by neighbours of the Tate Modern over its viewing platform that allows visitors to stare straight into their luxury flats. Will the court find that overlooking is capable of founding a successful nuisance claim? Listen in as lawyers rehearse the arguments.
In addition, we have part two of our focus on overage and a look at the government’s Covid rent arrears dispute resolution plans from the perspective of former tenants and guarantors. But is Reading set to be the Hollywood of the UK? Find out why placemaking is at the heart of such an ambition. As ever, there is even more below.
Legal news
Architect BDP sued for more than £20m over Newbury shopping centre
The claim relates to a development that went millions of pounds over budget
On the Case: The return of Fearn – the Tate Modern, privacy & the Supreme Court
LISTEN James Souter and Megan Davies rehearse the arguments set to go under scrutiny by the Supreme Court
Russian property investor to get second chance to sue oligarch for contempt
The long-running dispute is centred on a valuable portfolio of property in central Moscow
Energy company fails in bid to preserve consent for £1.3bn tidal power plant
The company was given development consent for the project in June 2015
Top floor of Oxford townhouse is a separate flat, High Court rules
Second floor deemed to be a separate flat even though access to it is via a first-floor study
Legal features
Does the government’s commercial rent arrears scheme guarantee satisfaction?
Bill Chandler considers where former tenants and guarantors are left in the new code of practice
Setting the boundaries
Rob French discusses the practicalities of resolving boundary disputes from a surveyor’s perspective
A different perspective on overage
Peta Dollar concludes her look at overage – this time exploring the topic from the buyer’s viewpoint
Who bears responsibility for repairs?
Ken Carruthers asks: is liability for extraordinary repairs a problem for the landlord or the tenant?
Flat refusals: how not to alter
Guy Fetherstonhaugh QC and Ashpen Rajah address a recent decision illustrating the pitfalls associated with alterations to residential property
Why Reading is the UK’s answer to Hollywood
Mark Gauguier and Karen Phull explain the role of placemaking in UK film’s challenge to Hollywood
Economic duress: does it exist?
The Supreme Court says “yes in theory, but rarely in practice” – Stuart Pemble shares the details
Practice points
Service charges: time being of the essence and recoverability of admin charges
Kensquare Ltd v Boakye
Breach of covenant: remedy and waiver irrelevant to the FTT’s determination
Kyriacou v Linden
Mortgage repossession: compromise of earlier proceedings
Bank of Scotland v Hoskins
‘All reasonable endeavours’ requires subordination of commercial interests
Brooke Homes (Bicester) Ltd v Portfolio Property Partners Ltd and others
Fire safety claims: the strike-out threshold is high
Crest Nicholson Operations Ltd and another v Grafik Architects Ltd and another
Service charges: reconsultation not required for same set of works
Wynne v Yates and another
Case summaries
Bank of Scotland plc v Hoskins
Mortgage – Possession – Settlement
Tidal Lagoon (Swansea Bay) plc v Secretary of State for Business, Energy…
Town and country planning – Approval – Tidal lagoon
Salisbury and another v Bunyan (Listing Officer)
Council tax – Valuation – Residential property
Greenspace Ltd v Commissioners of HM Revenue and Customs
Taxation – VAT – Reduced rate
Law report
Ovu (Administratrix of the Estate of Ovu, deceased) v London Underground Ltd
Occupier’s liability – Trespasser – Duty of care
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