It is always a pleasure to bring you the annual round-up from our expert Legal Notes team, and this year is no exception – Louise, Elizabeth and Stuart have taken inspiration from a modern classic to tackle the year’s biggest cases. It’s law, actually!
In addition, we have a thorough summary of where things stand with the Building Safety Act 2022, a refresher on dilapidations, an update on climate reporting rules and plenty more below.
Legal news
Group action launched against Home REIT
Group action follows allegations by short-seller and 50% fall in REIT’s share price
Energy company loses planning consent for Swansea Bay project after court battle
Court of Appeal rules it did not start work on scheme in time, so development consent order lapsed
Lawyers and residents await ruling in long-running Tate Gallery viewing deck case
A year after the Supreme Court heard the privacy case, a judgment has still not been handed down
Mayfair restaurant wins High Court lease extension battle
Hush wins case after restaurant fell into rent arrears
Cumbrian landowner wins libel damages from tenant farmers
High Court judge rules in “unusual” court case over poison pen letters
Legal features
Law actually: 2022 legal notes in review
Louise Clark, Elizabeth Dwomoh and Stuart Pemble take inspiration from a festive classic to round up the major cases of 2022
Climate regulations are catching up with sentiment
Matthew Fitzgerald and Jade Bonney outline how SEC climate reporting rules will impact sustainability in real estate and drive tech adoption
Responding to the Building Safety Act 2022 as it evolves
Ian Hardman tackles what is in force now, what is to come and how the industry should be preparing
Some planning certainty in uncertain times
Chris Robinson addresses a recent Scottish planning case with important implications
Back to Basics: Fixing things up
Andrew Rogers provides a refresher on dilapidations
Moving telecoms forward
An overlooked case deserves consideration and a new stakeholder body could benefit the industry, writes Laura West
CIL: plan carefully to avoid slipping up
Caroline Stares takes a look at the lessons learnt from 2022 in relation to the community infrastructure levy
Practice points
Alternatives and TPOs: some material considerations for electronic communications development subject to PD
Murtagh v Secretary of State for Levelling Up, Housing and Communities
Domestic rating: are stables an appurtenance?
The Propane Company Ltd v Dawn Bunyan (Valuation Officer)
Common land: conclusions justify failure to comply with Common Land Consents Policy
R (on the application of Open Space Society) v Secretary of State for Environment, Food and Rural Affairs
Property development: damages claims must be comprehensively pleaded
Raja and others v Holden and others
Option agreement: determination clause is a forfeiture clause and can be relieved
Hush Brasseries Ltd v Rlukref Nominees (UK) One Ltd and another
Case summaries
R (on the application of Open Space Society) v Secretary of State for Environment, Food and Rural Affairs
Common land – Restricted works – Consent – Section 38 of Commons Act 2006
Hush Brasseries Ltd v Rlukref Nominees (UK) One Ltd and another
Landlord and tenant – Relief from forfeiture – Rent arrears
Tidal Lagoon (Swansea Bay) plc v Secretary of State for Business, Energy and Industrial Strategy and others
Town and country planning – Development consent order – Tidal lagoon
Kingston-upon-Thames Royal London Borough Council v Salzer and another
Practice and procedure – Injunction – Mooring
Eastpoint Block A RTM Co Ltd v Otubaga
Landlord and tenant – Breach of covenant – Right to manage
Law report
Acheampong v Roman and others; Choudhury v Razak and another
Housing – Rent repayment order – Award
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