Practice point
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Does the intention of the developer matter?
A useful reminder individual works of repair/improvement can cumulatively be construed
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No quantum meruit in respect of services which have been paid for
Whether a claim for a share of profits succeeds depends on the terms agreed between the parties
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Proprietary estoppel: detriment an integral element for success
The High Court considered detriment in rejecting a proprietary estoppel claim
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Civil penalty: failure to give reasons for refusing to exercise discretion to allow a time-barred appeal
FTT can extend time to enable a landlord to bring an appeal against a civil penalty out of time
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Landlord and tenant dispute – attempt to overturn injunction fails on appeal
The Court of Appeal has dismissed an appeal against an order continuing an interim injunction
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Members-only gym operator entitled to charitable rates relief
When considering the public benefit for the purposes of section 4 of the Charities Act 2011…
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Right to manage: shared ownership and long leases
Court of Appeal on Avon Ground Rents Ltd v Canary Gateway (Block A) RTM Co Ltd
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Procedure: time waits for no person especially when issuing a claim
A failure to pay an issue fee to enable a claim form to be issued is not an error of procedure within the scope of CPR 3.10
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Service charges: experience alone is not enough
Where the First-tier Tribunal employs its expertise in determining an issue it must provide reasons for its findings
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Beneficial ownership: jurisdictional issues
An issue considered in Heslop v Heslop and another (2023)
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Enfranchisement: substitution of reversioner
A court should only substitute where there are cogent and good reasons
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Appeal succeeds where court backdates issue of claim form
Court of Appeal has considered the significance of the date of the form’s issue