Welcome to your weekly round-up of the pick of the content published on EG Legal over the past seven days.
This week, we have a podcast discussion on amendments to the Building Safety Bill intended to help resolve the cladding crisis, with the proposals examined from both a leaseholder and developer perspective.
In addition, a mediator puts the case for why negotiation and agreement through mediation offer a better way to resolve outstanding pandemic rent arrears than the “last-chance saloon” of the government’s arbitration scheme. Other topics range from First Homes and design in planning to putting the emphasis on the “social” in ESG.
Legal news
Cladding remediation and proposed amendments to the Building Safety Bill
LISTEN A discussion on the proposals from both a leaseholder and developer perspective
Chrysler Building property mogul Michael Fuchs told to pay wife £3.6m a year
The case is currently being heard in London’s Family Court
Court of Appeal allows Surrey oilfield
But the case may go to the Supreme Court
Interior designer wins court battle over spiralling costs of flat refurb
The Court of Appeal backed the High Court’s ruling in Mashael Alebrahim v BM Design London Ltd
Legal features
Pandemic rent arrears: don’t drink in the ‘last-chance saloon’
Gerard Tomnay offers six reasons why it’s better to mediate than arbitrate your pandemic rent arrears
How high is design on the planning system’s agenda?
David Wood examines whether design-led decision-making has taken hold
First Homes model packs a surprise punch
Colette McCormack and Lindsay Garratt believe First Homes has a part to play in tackling the housing crisis – but it can’t be a panacea
2022: the year of the social impact trend
The transition to net zero must be fair and just for all, say Jonathan Brookes and Philip Hirst
Legal note: The perils of injunctions against persons unknown
Question marks remain over whether newcomers to an injunction should be subject to final orders, writes Louise Clark
Practice points
Business rates: single hereditament or two separate ones?
FC Brown Steel Equipment Ltd v Karl Hopkins (Valuation Officer)
Statutory nuisance: where established, the complainant is entitled to its costs
R (on the application of Parker) v The Magistrates Court at Teeside and others
Stamp duty land tax: no limitation concerning definition of residential property
Hyman and others v Commissioners of HM Revenue and Customs
Without notice injunction to re-enter obtained with marked lack of disclosure
Rasool v Paddington Company One Ltd
Case summaries
FC Brown Steel Equipment Ltd v Hopkins (VO)
Rating – Non-domestic rates – Valuation
R (on the application of Parker) v Teesside Magistrates Court
Costs – Statutory nuisance – Statutory duty
R (on the application of Finch) v Surrey County Council
Town and country planning – Environment – Environmental statement
Alebrahim v BM Design London Ltd
Contract – Construction – Total cost of works
Hyman and others v Commissioners of HM Revenue and Customs
Taxation – Stamp duty land tax – Tax rate
Prime London Holdings 11 Ltd v Thurloe Lodge Ltd
Land – Development – Access to Neighbouring Land Act 1992
Steve Ward Services (UK) Ltd v Davies & Davies Associates Ltd
Construction – Adjudicator’s fees – Recovery
Law report
EE Ltd and another v Morriss and others
Landlord and tenant – Telecommunications – Electronic communications site – Rent
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