Practice point
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Restrictive covenants: when the tribunal is reluctant to exercise discretion
Upper Tribunal ruling in Great Jackson Street Estates Ltd v Manchester City Council
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Compulsory purchase: local authority to decide what weight to give to evidence
When considering a certificate of appropriate alternative development (CAAD) to assess compensation…
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Challenge to trustee in bankruptcy limited to those to whom a duty is owed
Only those to whom a trustee in bankruptcy owes a duty have standing to challenge any act…
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Agreement reached following property crash is enforceable under a constructive trust
Where a claim requires determination of ownership of property, the analysis is in constructive trust
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Rent payable by a special purchaser is a matter for negotiation
The correct approach to assessing the rent payable by a special purchaser under a business lease…
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Council opposition to sale of college building is irrational
High Court considered a covenant restricting sale
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Compulsory purchase compensation includes temporary and permanent loss of profits
Upper Tribunal decision in Warren James (Jewellers) Ltd v Watford Borough Council
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Determination of an exact boundary requires evidence
The Upper Tribunal (Lands Chamber) has allowed an appeal determining a boundary line
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Appeal struck out for non-compliance with rules and directions
Failure to comply with the rules and court orders or to seek an extension of time for compliance…
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Local authority entitled to vary or withdraw an enforcement notice for noise nuisance
A local authority has an implied power to withdraw and to vary an abatement notice for statutory noise nuisance…