HH Hazel Marshall QC shares her thoughts on the most interesting recent selections for the Estates Gazette Law Reports
On Halloween, what better time to survey the many judicial tricks and treats that have caught the eye of HH Hazel Marshall QC for inclusion in the Estates Gazette Law Reports? From landlord and tenant nightmares to planning horror stories to truly frightening lease provisions, there is a scary amount of law out there to keep track of, but fear not, the EGLR have you covered. New reports continue to be added on EGi each week, and these cases are some of the latest – and most hair-raising.
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Swift 1st Ltd v Chief Land Registrar [2015] EWCA Civ 330; [2015] EGLR 42
A difficult point on whether the proprietor of a registered charge which is a forgery is entitled to indemnity from the Land Registry when the register is rectified, if the innocent true owner was in actual occupation of the property at the time of the disposition.
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R (on the application of Westerleigh Group Ltd) v Aylesbury Vale District Council [2015] EWHC 885 (Admin); [2015] EGLR 43
Where there are competing planning applications for supplying the same facility, the consideration of existing supply is to be treated strictly in accordance with “first in time” principles and better merits of the second potential site are irrelevant. But here good sense in fact won out because of crested newts!
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Camden London Borough Council v Leaseholders of 46 flats in Harben Road Estate LON/00AG/LDC/2014/0123; [2015] EGLR 45
This case illustrates the problems of applying the guidance given in Daejan Investments Ltd v Benson and others [2013] UKSC 14; [2013] 2 EGLR 45 on whether a landlord should be relieved of the consequences of failing to comply with consultation requirements in regard to works rechargeable under a service charge.
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Raymond and another v Young and another [2015] EWCA Civ 456; [2015] EGLR 46
Quantifying damages is often a knotty problem. This case concerning damages for neighbour nuisance is a useful illustration of the approach involving two difficult aspects: loss of capital value through sentiment or reputational matters; and the dangers of double counting where both occupation value and capital value are considered.
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Wood and another v Waddington [2015] EWCA Civ 538; [2015] EGLR 48
This ruling reverses that of Morgan J at first instance (see [2014] 2 EGLR 151) and shows how decisions in the intricate area of implied easements upon a sale of land, especially a part of land in a single ownership, can depend very much on impression.
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JS Bloor (Wilmslow) Ltd v Homes and Communities Agency [2015] EWCA Civ 540; [2015] EGLR 49
The application of the Pointe Gourde principle (see Pointe Gourde Quarrying & Transport Co Ltd v Sub-Intendent of Crown Lands [1947] UKPC 71) to assessment of compensation for compulsory purchase (namely that this must be assessed in the hypothetical “no scheme” world) requires a very clear analytical head in the present day context of interaction between actual, emergent and contingent planning policies.
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Leeds City Council v Waco UK Ltd [2015] EWHC 1400 (TCC); [2015] EGLR 52
This case illustrates the importance of knowing and following the terms for interim payments in a construction contract – and how losing track of these effects can create difficulties and unexpected results when the statutory scheme for adjudication then has to be applied to disputes over interim payments.
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Arnold v Britton and others [2015] UKSC 36; [2015] EGLR 53
The construction of service charge provisions at a Welsh caravan park might not seem of great moment, but this case went to the Supreme Court. The judgment, though long, repays study as a working illustration of the principles of contractual interpretation, and in particular the line between permissible interpretation and rewriting the agreement.
Other recent reports
The following cases have been reported in the EGLR over the past three months, and are available on EGi:
R (on the application of Trail Riders Fellowship and another) v Dorset County Council [2015] UKSC 18; [2015] EGLR 40: what are the map scale requirements when seeking recognition of a right of way?
Khurana and another v Webster Construction Ltd [2015] EWHC 758 (TCC); [2015] EGLR 41: did an adjudication agreement preclude court proceedings?
R (on the application of HS2 Action Alliance Ltd and another) v Secretary of State for Transport [2015] EWCA Civ 203; [2015] EGLR 47: is a local authority entitled to costs protection under the Aarhus Convention costs capping regime?
Tedla v Cameret Court Residents Association Ltd [2015] UKUT 221 (LC); [2015] EGLR 50: how to comply, when issuing service charge demands, with the statutory requirement to give the name and address of “the landlord”.
Ninety Broomfield Road RTM Co Ltd v Triplerose Ltd and three similar appeals [2015] EWCA Civ 282; [2015] EGLR 51: can the same right to manage company manage more than one self-contained building?
Aspect Contracts (Asbestos) Ltd v Higgins Construction plc [2015] UKSC 38; [2015] EGLR 54: when does the limitation period start for recovering overpayments made as a result of an adjudicator’s award?
Click here to view all the latest law reports online >>
HH Hazel Marshall QC practised at the Chancery Bar as Hazel Williamson QC, becoming one of the foremost real property silks specialising in commercial leaseholds. She became Senior Chancery Judge at the Central London Civil Justice Centre until retiring to Guernsey in 2013, where she sits part-time as a Lt-Bailiff of the Royal Court
