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Legal wrap: Mines and minerals, business rates and terminal dilapidations

Welcome to your weekly round-up of the pick of the content published on EG Legal.

This week, our experts look at a range of topics, including mines and minerals and business rates. We also explore the issue of costs and compensation in telecoms disputes, while Legal Notes covers a High Court dispute that provides a useful reminder of the key principles in terminal dilapidations – and a lesson in expert evidence.

In audio, the latest episode of Bricks & Mortar features an interview with three professionals from law firm Trowers & Hamlins, including senior partner Sara Bailey. And, of course, there is plenty more below, just a click away.

Legal features

Legal cost recoverability under leases – a return to orthodoxy?
Katy Gray explains why the Court of Appeal and Upper Tribunal have signalled a return to traditional principles

Mines: what lies beneath?
Separate ownership of mines and minerals poses a risk for developers, warns David Goy

Legal Q&A: Code rights queries answered
Samuel Lear and Jonathan Wills field Telecoms Code questions in the light of a recent Supreme Court decision

Counting the costs of telecoms references
COMMENT Recent cases suggest rising bills for operators, writes Laura West

Down with downwards transition
John Webber on why the government must scrap downwards transition on its 2023 revaluation

Practice points

Upper Tribunal modifies lease user covenant to permit medical use
Schwarzschild Ochs Pty Ltd v Concerto Properties Ltd

Houses in multiple occupation: to be or not to be dwellinghouses
London Borough of Brent v Secretary of State for Levelling Up, Housing and Communities and another

A management order is a draconian remedy, it must be just and convenient
Invergarry Court Ltd v Connolly and others

Service charges: the purpose of section 20B
Parmar v Ladbrooke Grove Ltd

Electronic Communications Code: safety of equipment is responsibility of the operator
On Tower UK Ltd v AP Wireless II (UK) Ltd

Rateable value of museums: no methodology to assess socio-economic value
Allen (VO) v Tyne & Wear Archives and Museums

Case summaries

Worthing Borough Council v Secretary of State for Levelling Up, Housing and Communities and another
Town and country planning – Planning permission – National Park

Invergarry Court Ltd v Connolly and others
Landlord and tenant – Appointment of manager – Breach of obligation

Allen (VO) v Tyne & Wear Archives and Museums
Rating – Non-domestic rates

Parmar v 127 Ladbroke Grove Ltd
Landlord and tenant – Service charges – Notification


For more legal articles and to search our extensive archive, visit EG Legal 


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