Practice point
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Cy-près scheme was proper but actual scheme not the most appropriate
Charities must be protected from conflicts of interest when drawing up a cy-près scheme
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Failure to investigate planning unit leads to material errors in decision
Whether a use is long-standing is a matter of assessment, and whether a use ought to be permitted…
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Extended civil restraint order made eventually
A claimant who had shown over a number of years a determination to prevent enforcement of…
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Service charges: credit and costs when double hatting
County court had no jurisdiction to make any orders for costs in respect of the FTT proceedings
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Landowner entitled to compensation for impact of major access route
The UT has considered an application for compensation by a single claimant in Fisk v Suffolk County Council
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Application for freezing order fails for want of evidence
An applicant for a freezing order must show: a good arguable case; that the respondent owns or has…
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Transaction upheld in the absence of undue influence or unconscionable bargain
These issues were considered in Azam v Molazam
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Oral profit share agreement is binding but not enforceable because claimant failed to perform
An oral agreement intended to be binding is enforceable but only if the enforcing party has…
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The schedule to a Tomlin Order comprises a contract between the parties
Parties to a settlement agreement scheduled to a Tomlin Order can seek to enforce the terms of the…
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Be careful with a permission’s operative wording when applying for variation
A section 73 variation is unlawful if the proposed changes to the development are inconsistent with…
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Land registration: extrinsic evidence can aid construction
Where there are clear words and a clear plan, a court can rely on extrinsic evidence or prefer the…
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Environment Agency not liable for repairs to riverbed and banks
Where works carried out by the Environment Agency under the Water Resources Act 1991 cause injury…