Welcome to your weekly round-up of the pick of the content published on EG Legal.
It has been an exciting week in the courts, with the high-profile unpaid rent disputes in London Trocadero (2015) LLP v Picturehouse Cinemas Ltd and others and Bank of New York Mellon (International) Ltd v Cine-UK Ltd and other appeals reaching the Court of Appeal – the eventual ruling on pandemic arrears will be one of the year’s most hotly anticipated judgments.
Speaking of which, the Supreme Court has ruled for the first time on the new Electronic Communications Code, hopefully resolving issues between landowners and operators that have occupied the Upper Tribunal since the Code was introduced. There’ll be more to follow on that one next week.
Meanwhile, we have an expert assessment of proposals for the Renters Reform Bill, and other topics include energy supply, rooftop developments and life sciences.
Legal news
Supreme Court backs operators in landmark mobile phone appeals
The court has largely backed the operators of mobile phone masts located on other people’s land
Pandemic made cinema unfit for use, lawyer tells Court of Appeal in rent case
Cases hinge on whether buildings were rendered unfit for intended use
‘Iceberg house’ investors fail in bid to sue administrators for underselling properties
Investors claimed Deloitte failed to understand the true value of the two properties
Legal features
A ‘new deal’ for residential tenants
Natasha Rees and Elizabeth Oxendale address the proposals for the Renters Reform Bill
The sky’s not the only limit in rooftop developments
Legal issues abound when it comes to rooftop developments, even after planning consent is secured, warns Ellodie Gibbons
Powering the UK’s energy
As the UK grapples with energy supply challenges, Victoria Du Croz, Polly Reeve and Laura Haworth look at policy, planning and land use tensions
Gearing up for the end of residential ground rents
Catherine Williams assesses the impact of new legislation on the UK living sector
Preparing the way for life sciences
Graham Cutts and Robert Gowing ask, how can existing real estate assets offer repurposing opportunities?
E-signatures – a Scottish perspective
Chris Rae, Gary Georgeson and Lindsay McAllister explain how the approach to electronic signatures in Scotland differs from that in England and Wales
Legal note: Urgency does not trump prejudice
Elizabeth Dwomoh discovers whether urgent works give a landlord the right to partially comply with rules
Practice points
Warranties: losses claimed by assignee not too remote if a ‘serious possibility’ for the assignor
Orchard Plaza Management Company Ltd v Balfour Beatty Regional Construction Ltd
Services and service charges: what can the parties have reasonably intended?
Valley View Health Centre (a firm) and others v NHS Property Services Ltd
Electronic Communications Code: order for removal of equipment
Crawley Borough Council v EE Ltd and another
Quiet enjoyment not breached when unlawful eviction by a third party
Brem v Murray and another
Extravagant, exorbitant and unconscionable covenant is a penalty
Upton Rocks Healthcare Ltd v Halton Borough Council
Deployment arrangements: wearing the right hat
Behjat v Crescent Trustees Ltd
Heads of terms for the grant of a lease are not a binding agreement
Pretoria Energy Company (Chittering) Ltd v Blankney Estates Ltd
Case summaries
R (on the application of Stride) v Wiltshire Council
Town and country planning – Development – Consultation
Brem v Murray and another
Landlord and tenant – Unlawful eviction – Liability
Law reports
Park v Hadi and another
Civil procedure – Relief from sanctions – Overriding objective
Davies-Gilbert v Goacher and another
Land – Restrictive covenant – Refusal of consent
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