Practice point
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When a respondent’s notice is really a cross-appeal in disguise
A Court of Appeal decision sheds light on the issue
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Evidence for possession order overwhelming
A counterclaim brought by a publicly-funded tenant was without merit
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Concurrent lessee to be treated as a party to a code agreement
The Electronic Communications Code in schedule 3A of the Communications Act 2003 should be interpreted…
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Land registration: registered proprietor entitled to have restriction removed
A party should not be permitted to take advantage of its own wrong. However, there must be a causal…
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Attempts to subvert possession claims with spurious High Court applications identified
A spate of similar High Court applications in apparently unconnected cases revealed…
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Order for possession set aside as defences not properly considered
Whether an interest rate is a penalty is a question of construction which does not require evidence…
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Planning policy on removal of trees – a question of interpretation
Interpretation of planning policies must be internally coherent and realistic
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A proprietary tracing remedy first requires proof of breach of trust
A claim for breach of trust requires coherent and credible documentary and witness evidence
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Company restructuring: landlords ‘out of the money’ have little say in exercise of discretion
When considering a restructuring plan which involves the cross-class cramdown provisions in…
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An order appointing a manager should be considered in its entirety
When construing a badly drafted, complicated order appointing a manager, the entirety of the order…
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Local authority disposals must be for the best consideration reasonably obtainable
A council may dispose of land held in any manner it wishes but is obliged to obtain the best…
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Data protection: search of bank accounts in possession claim a misuse of private information
Misuse of private information and failure to comply with the requirements of the General Data…