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
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