The risk of an arbitrator being removed for failing to disclose a matter that could cast doubt upon his impartiality is explored by Andrew Tugwell, of Nabarro Nathanson, in Being…
Having applied to the court under section 38(4) of the Landlord and Tenant Act 1954, L and T have obtained approval of an agreement excluding the security of tenure provisions.
In the field of public sector housing, a “tolerated trespasser” (an expression coined by Lord Browne-Wilkinson in Burrows v Brent London Borough Council [1997] 1 EGLR 32) is a product…
The first day of April 2000 saw the coming into force of what once was a new Part 11A of the Environmental Protection Act 1990, as inserted by the Environment…
Abatement notices served under section 80 of the Environmental Protection Act 1990 must at the very least identify the nuisance and call upon the perpetrator to abate it.
It may recalled that, regardless of the merits of a judicial review application, courts have a discretion, under section 31(6) of the Supreme Court Act 1981, to refuse leave (or…
A notorious bone of contention is the liability, if any, of an insuring landlord to account to premium-paying tenants for discounts or commissions obtained from the insurer.
As regards jointly owned family homes, decisions made under the now repealed section 30 of the Law of Property Act 1925 (notably Re Citro (Domenico) (a bankrupt) [1991] Ch 142)…
Q A valuer reports to a lender. Does he fall into error if his 90-day mortgagee sale valuation is the same as his open market valuation?.
In exercising its discretion whether to refuse relief to an otherwise successful applicant for judicial review, a court will always be slow to conclude that no harm has been done…
The recording, as from 1 April 2000, of the price of transactions on the register could be a mixed blessing with regard to commercial property.