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Legal wrap: Reviewing 2021, service charges and a look into Guy’s crystal ball

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

Happy new year, and welcome to the first EG Legal wrap of 2022. This time, we’re catching you up on some content you may have missed from late December, including our written review of 2021 and our annual podcast rundown of the top 10 property law cases of the year.

In addition, we turn our minds to the 12 months ahead with our latest features, including forecasts covering residential, planning, employment and, of course, Guy Fetherstonhaugh QC’s prognostications of the major disputes heading to court. As ever, there is even more to dig into below.

Legal news

The top 10 cases of 2021
LISTEN Sarah Jackman and Jess Harrold present their annual podcast round-up from the courts

Climate protestors lose Court of Appeal challenge to government
The group was seeking to quash three statutory instruments used to bring in the changes

Airfield fails in challenge to housing development over noise concerns
White Waltham Airfield is concerned that residents will complain about the noise generated from the site

Legal features

Guy’s crystal ball: What lies ahead in 2022?
Guy Fetherstonhaugh QC’s annual look at the legal matters and cases that will affect the real estate world in 2022

Legal note: Service charges – the essence of time
Elizabeth Dwomoh discovers whether time is of the essence in the context of making an interim service charge demand

What’s another year? Expectations for planning reform in 2022
Simon Ricketts weighs up the likely shape of 2022 from a planning perspective

What’s in store in residential law?
Nicola Muir on the cases, legislation and proposed reform to look out for over the next 12 months

Employment law switches down a gear
Sybille Steiner and Joanne Moseley address what is on the employment law horizon in 2022 for those in the real estate sector

Year in review: An eventful 12 months in the legal sphere
Sarah Jackman and Jess Harrold round up 2021

High stakes in construction defects appeal
Barry Hembling looks ahead to a Court of Appeal case on extending rights for building defects claims

The more funding, the merrier
Builders are spoilt for choice by a wealth of post-pandemic funding models, says Ruby Giblin

Practice points

Enforcement: charging orders and bankruptcy
McLinden v Lu

Service charges: clarity of reasoning in decisions on reasonableness
ASP Independent Living Ltd v Godfrey

Park home residents fight inclusion of climate change levy in electricity bills
King and others v Residential Marine

Lease renewal: impact of the pandemic on commercial rents
Saville-Edells and another v Jan

Enforcement of judgment: concealment no bar to final charging order
National Crime Agency v Persico and another

Restrictive covenants: enforceability requires definition of the land benefiting
Bath Rugby Ltd v Greenwood and others

Retrospective compliance with the public sector equality duty at trial?
Metropolitan Housing Trust Ltd v TM

Mortgagee claim for possession: exercise of discretion to allow debt refinancing
Liddiment and Greenhalgh as Joint Receivers v Hull and others

A declaratory determination under section 27A is not enforceable in county court
Termhouse (Clarendon Court) Management Ltd v Al Balhaa

Judgments: when should a court reconsider its decision?
Docklock Ltd v C Christo & Co Ltd

Case summaries

King and another v Residential Marine Ltd
Landlord and tenant – Park homes – Electricity charges

National Crime Agency v Persico
Property – Charging order – Concealment

Metropolitan Housing Trust Ltd v TM
Landlord and tenant – Public sector equality duty – Assured tenancy

Bath Rugby Ltd v Greenwood and others
Sale of land – Restrictive covenant – Annexation

R (Rights: Community: Action) v SSHCLG
Town and country planning – Environmental assessment – Statutory instrument

Hermes Property Unit Trust v Roberts (VO)
Rating – Non-domestic rates – Completion notice

Manchester City Council v SSHCLG
Town and country planning – Planning permission – Conditions

Browning and another v Jack and another
Land registration – Easement – Rule in Wheeldon v Burrows

Rushbond plc v The JS Design Partnership LLP
Practice and procedure – Strike out – Summary judgment

 

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

 

To send feedback, e-mail jess.harrold@eg.co.uk or tweet @EGPropertyNews

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