Practice point
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Defective building design – when does the cause of action accrue?
A cause of action in tort, relating to a defective building where there is no physical damage…
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Property agent in breach of fiduciary duty by allowing conflict of interest to arise
If a property agent is a fiduciary, he owes loyalty to his principal to act in good faith…
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Banning orders: the seriousness of offences is relevant in determining whether to make an order
In deciding whether to make an order under Chapter 2 of Part 2 of the Housing and Planning 2016…
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Adverse possession: FTT decision irrational and unfair
An appeal against a finding on credibility can succeed where the decision is irrational or an error
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Interest on judgment debts limited to six years from crystallisation of liability
The High Court has settled the correct interpretation of section 24(2) of the 1980 Act
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Breach of fiduciary duty – can the claimant trace into property acquired with ill-gotten gains?
High Court dismissed application for summary judgment in Lapome Ltd v Kemp and another
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Service charges: outcomes of a landlord’s management decision engages FTT’s section 27A jurisdiction
The jurisdiction of the FTT is engaged under section 27A of the Landlord and Tenant Act 1985 only…
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Licensing: scope of FTT’s jurisdiction on appeal
A point from Waltham Forest London Borough Council v Hussain and others
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Common land: High Court only has powers to determine what the register comprises
The High Court does not have jurisdiction to clarify or correct the register
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Insurance: no business interruption cover for pandemic losses
The extent of cover is a matter of construction of the policy in question
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Attempt to deprive s19 order of intended effect thwarted
An order made under s19 of the Landlord and Tenant Act 1987 (being an order requiring transfer of…
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Mortgage repossession: LPA receivers wrongly appointed
The knowledge of an employee is imputed to the lender and will affect enforceability