Practice points
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Supreme Court permits wild camping on Dartmoor Commons
Section 10(1) of the Dartmoor Commons Act 1985 confers a right of public access which includes wild camping
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Council’s ability to control development is a practical benefit
Developer wanted to demolish two tower blocks under the existing lease
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The need for family housing prioritised
The substantial need for family homes won out in the ruling
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Court of Appeal ruling raises questions over Aarhus costs cap scope
A Court of Appeal judgment has sparked concern over the application of Aarhus costs cap orders
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Unreasonable and threatening behaviour leads to boundary agreement
Byrne and another v Archer and another surrounds a boundary demarcation agreement
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Far from straightforward forgery claim not suitable for summary judgment
Case relates to a loan in Zhiming Huang and others v Credit Suisse (UK) Ltd
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Analysing compensation for loss of profits on compulsory purchase
Case concerned compulsory acquisition of Cemex’s railway sleeper factory to make way for HS2
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Potential development site adversely affected by boundary dispute
The case concerned the boundary between a strip of land providing access to a development site
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Valuer’s negligence – burden of proof lies with the claimant
A claim in negligence must establish that the valuer failed to exercise proper skill or care
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Adverse possession – only a conventional trust prevents time accruing
The claim concerned a strip of land in Thornbury, Bradford
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Funder fails in claim for damages for negligent valuation
The case concerned the valuation of a site – a derelict building – in Aberdeen
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Beneficial owner failed to establish overriding interest
Claimant was entitled to possession of the property