Legal wrap: Empty property rates, arbitration and the Virgin Active case

Welcome to your weekly round-up of the pick of the content published on EG Legal over the past seven days. This week, we offer the latest on the nagging issue of empty property rates, with a written feature on a recent High Court decision, as well as our latest On the Case podcast focusing on a Supreme Court judgment and offering an expert view on what one of our commentators brands a “tax on failure”. In addition, we have the second in our three-part podcast series on the recent retail and leisure restructurings, this time concentrating on Virgin Active, and our usual wide range of material takes in such topics as arbitration, heritage assets in planning, stamp duty land tax and more. Legal news On the Case: Empty property rates after Supreme Court decision in Hurstwood London-based law firm Fladgate hires two real estate partners High Court blocks Crest Nicholson resi scheme owing to veteran mulberry tree On the Case: Virgin Active and how restructuring plans differ from CVAs Legal features Empty rates mitigation made clear? Blake Penfold sums up the findings made and guidance issued in a recent High Court ruling Legal note: How not to assume tortious responsibility Stuart Pemble addresses a dispute that highlights important principles of the tort of negligence Handle with care: the impact of heritage assets on planning applications Caroline Stares addresses how proposed developments that may have an impact on heritage assets must be handled delicately Arbitration and dispute resolution in real estate It’s time for some post-pandemic and post-Brexit thinking on property disputes, write Nick Wood, Gabrielle Theunissen-Blackshaw and Sally Tang Practice points The consequences of failing to register a transfer may be far-reaching Knight v Fernley When is there a duty to provide reasons for departing from the officer’s report? R (on the application of Malcolm Cross) v Cornwall Council When did a cause of action arise against solicitors who were negligent? Elliott v Hattens Solicitors Case summaries R (on the application of Cross) v Cornwall Council Town and country planning – Planning permission – Duty to give reasons Gell v St John’s Road (Eastbourne) Management Co Ltd Landlord and tenant – Service charges – Reasonableness Lazari Properties 2 Ltd and others v New Look Retailers Ltd and others Insolvency – Company voluntary arrangement – Validity Knight v Fernley and another Land registration – Alteration of register – Overreaching Matthew and others v Sedman and others Practice and procedure – Issue of proceedings – Time limits Elliott v Hattens Solicitors (a firm) Professional negligence – Limitation – Cause of action Law report Hyde and another v Nygate and another Company – Insolvency – Breach of duty   For more legal articles and to search our extensive archive, visit EG Legal    To send feedback, e-mail jess.harrold@eg.co.uk or tweet @EGPropertyNews