Practice point
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Sewerage undertakers not protected from claims for discharges of foul water
The Supreme Court’s decision in Manchester Ship Canal Co Ltd v United Utilities Water Ltd (No 2)
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Restrictive covenants: no positive result through a negative covenant
The Upper Tribunal (Lands Chamber) considered the topic in a recent case
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Purchaser entitled to recover deposit where contract is void
High Court has refused an appeal in Rarity Holdings Ltd v Parkhill
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Settlement agreement did not preclude forfeiture proceedings
When construing a settlement agreement the court adopted an iterative process
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Application for final charging order against foreign state’s properties succeeds
The ruling in Zhongshan Fucheng Industrial Investment Co Ltd v The Federal Republic of Nigeria
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Compulsory purchase – appeal against nil CAAD succeeds
Case concerned a site that was compulsorily acquired by the local authority
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Building safety: construing ‘cladding system’
Upper Tribunal decides which components are considered part of a cladding system
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Prescription: what signage is required to prevent prescriptive rights accruing?
Prescriptive user must be as of right, not by force, secretly or by permission
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Business rates – buildings used in conjunction with agricultural land entitled to exemption
Decision follows an appeal in Fridays Ltd v Dawn Bunyan (Valuation Officer)
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Restrictive covenants: alternative applications undermine intention
Applicant’s true intention disguised by multiple proposals
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Telecoms: the Code and the 1954 Act regimes are mutually exclusive
The Upper Tribunal (Lands Chamber) considered appeal in Gravesham Borough Council v On Tower UK Ltd