Court of Appeal
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Ward and another v Coope and others
Nuisance – Private nuisance – Duty of care – Adjoining landowners – Back garden of residential property built up to higher level than abutting back garden of neighbouring property –…
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Confirmation by the Court of Appeal that neighbourhood development plans may allocate sites for specific development
The concept of a neighbourhood development plan (“NDP”) was first introduced by the Localism Act 2011 (“the 2011 Act”). In particular, the 2011 Act inserted into the Planning and Compulsory…
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Parish council loses bid to quash local plan over bat population
A parish council in Devon that was concerned about the fate of a protected bat population has failed in a bid to quash a council’s local plan
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R (on the application of Larkfleet Homes Ltd) v Rutland County Council
Town and country planning Development plan
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R (on the application of Larkfleet Homes Ltd) v Rutland County Council
Town and country planning – Development plan – Respondent local authority proceeding to referendum on neighbourhood development plan (NDP) allocating sites for residential development – Appellant developer opposing NDP –…
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Edwards v Kumarasamy
Landlord and tenant – Repairs – Breach of covenant – Assured shorthold tenancy – Implied repairing covenant under section 11 of Landlord and Tenant Act 1985 – Extended covenant in…
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Turner v Secretary of State for Communities and Local Government and others
Town and country planning – Planning appeal – Bias – First respondent secretary of state granting planning permission on appeal for redevelopment of site in central London – Whether first…
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A Court of Appeal decision suggests that “donationes mortis causa” may be falling out of favour.
The doctrine identified by the phrase “donatio mortis causa” dates back to and survived the fall of the Roman Empire. It has been described as an anomaly in English law.…
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King v The Chiltern Dog Rescue and another
Title to land – Donatio mortis causa – Deacesed leaving her estate to appellant animal charities in her will – Respondent nephew claiming entitlement to freehold property of deceased by…
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JS Bloor (Wilmslow) Ltd v Homes and Communities Agency
Compulsory purchase – Compensation – Land Compensation Act 1961 – Assessment of compensation for acquisition of respondent’s land by appellant for residential development as part of business park – Whether…
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Wood and another v Waddington
Easements Right of way
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Wood and another v Waddington
Easements – Right of way – Conveyance – Parties owning neighbouring properties – Properties previously in common ownership – Whether appellants having rights of way over respondent’s land by virtue…