Practice points
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Judgment debts: interest only payable when debt is enforceable
Receiving party cannot enforce right to interest until conclusion of assessment
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Proceeds of crime: disputed property rights not limited to the Crown Court
The Court of Appeal allowed an appeal in Ahmet v Tatum and another
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Successful defence of proprietary estoppel
Defendant found liable for acts of trespass committed by its agents
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Relevant policies must back up repurposing and embodied carbon considerations
The High Court ruled that there is no presumption in planning law in favour of repurposing…
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High Court considers appeal on 1954 Act issues
A flat occupied as both a dwelling and a business is capable of being a business tenancy
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Freeholder entitled to bring a claim in nuisance even if the property is let
The High Court has considered this issue in Pincus v Johal and another
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Adverse possession: reasonable belief must be based on evidence
Upper Tribunal finds no evidence to prove that appellant’s reasonable belief of ownership ended
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Dispensation costs and the Building Safety Act 2022
In Adriatic Land 5 Ltd v Leaseholders at Hippersley Point
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RTM notice for premises which contained a smaller self-contained part was valid
Where a property satisfies the statutory definition of premises, it is not necessary for the RTM…
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Party Wall Act 1996: building owner only liable for damage caused by their works
A Court of Appeal decision in Taylor v Jones and others
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Claim for misrepresentation in auction sale particulars fails
References to planning potential of plot of land were too vague to be considered fact
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Registered land: when is a trust not a trust?
A trust which arises under section 33 of the Administration of Estates Act 1925…