Welcome to your weekly round-up of the pick of the content published on EG Legal.
This week, we have the final part in our tokenisation series, looking at the massive potential for blockchain technology in real estate. In addition, we have a useful update on advice from the Pubs Code Adjudicator for tied pub tenants, and a refresher on restructuring plans, amid concerns that the economic climate could see more tenants resort to them as a way of addressing financial concerns. Other topics include the continued use of the Waldram method in rights of light cases.
Legal news
Supreme Court dismisses appeal in landmark Hillside Parks planning case
The case examined the legal status of successive planning permissions relating to the same land
Court of Appeal overturns 2022 ruling and gives Suffolk resi scheme the go-ahead
The 210-home development in Thurston, Suffolk, had been opposed by the parish council
Covid rent arbitration panel criticises Nuffield Health for ‘thoroughly unhelpful behaviour’
Tenant pays the price for “burying its head in the sand” over rent recovery arbitration
Court of Appeal confirms prison sentence for pipeline protestor
Climate change activist’s appeal was dismissed by judge
Legal features
Tokenisation of real estate: the way forward
What is needed to bring tokenisation into the mainstream?
Insolvency: sticking to the plan
Mathew Ditchburn and Ben Willis warn that property owners should get ready for occupiers looking to restructure their debts
Has Waldram had its day?
Alix Lee and Mike Scott outline how rights to light assessments continue to operate and what developers need to keep in mind
Pub leases: check what condition your conditions are in
Guy Fetherstonhaugh KC and Joe Ollech explain why schedules of condition are not necessarily a foolproof way of limiting tenants’ repairing liability
How sustainability is influencing investment
Green considerations are at the forefront of investor decision-making as economic conditions worsen, says Janey Douglas
Legal note: A matter of unconscionability
Louise Clark reviews a Supreme Court ruling on the aim of a remedy under proprietary estoppel
Practice points
Rent repayment orders: consideration of the seriousness of the offence
Hancher v David and others
Gypsy/Traveller planning policy capable of being discriminatory
Smith v Secretary of State for Levelling Up, Housing & Communities and others
Service charges: liability for repairs to a horizontal concrete roof slab
Tann v Bhundia and others
Breach of covenant: to give or not to give access?
Dorrington Residential Ltd v 56 Clifton Gardens Ltd
Injunctions: duty to make full and frank disclosure on without notice applications
381 Southwark Park Road RTM Co Ltd and others v Click St Andrews Ltd and others
Landlord and tenant: construing car parking rights
Campden Hill Gate Ltd v Duchess of Bedford House RTM
Vesting orders: summary of test to be satisfied under LPA 1925
Alison Court Management Company Ltd v The Crown Estate Commissioners
Civil penalties: property guardian companies and licensing of HMOs
Global Guardians Management Ltd and others v London Borough of Hounslow
Non-domestic rating: applications to alter the 2010 rating list must be made in time
Re: Bower (VO)
Rent repayment order: quantifying the rent repayable when only one joint tenant applies
Dowd v Martins and others
Case summaries
Smith v Secretary of State for Levelling Up, Housing and Communities
Town and country planning – Gypsies and travellers – Planning policy
R (on the application of Thurston Parish Council) v Mid Suffolk District Council
Town and country planning – Planning permission – Local plan
Manor Co-Living Ltd v RY Construction Ltd
Adjudication – Jurisdiction – Breach of natural justice
Law report
Kowalek and another v Hassanein Ltd
Landlord and tenant – Rent repayment order – Determination
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