This week, we tackle the hot topic of second staircases for tall buildings, the subject of a government consultation that may well make them a necessity for residential buildings over 30 metres tall – with that threshold perhaps ending up as low as 18m.
This poses considerable challenges for developers, and for owners of existing single-staircase buildings.
In addition, our regular “View from the Bar” column tackles reform of the Landlord and Tenant Act 1954, and the changes our barristers would like to see.
We also cover what the government’s “Green Day” announcements mean for real estate, and other matters.
Legal features
The debate over second staircases
Olivia Barton addresses the practical implications of the new second staircase requirement
View from the bar: Sprucing up the 1954 Act
Guy Fetherstonhaugh KC and James Tipler share their views on the strategic reform of the legislation that could make it fit for the modern world
Net zero and the push for a greener tomorrow
Laura Haworth and Louise Irvine take a look at the government’s “Green Day” announcements and their implications for real estate
A new chapter in the CLLS Certificate of Title
Jackie Newstead and Warren Gordon offer an update on the latest changes to the City of London Law Society Land Law Committee Certificate of Title
Seed your knowledge of Local Nature Recovery Strategies
Caroline Stares rounds up key points for landowners regarding the strategies established in the Environment Act 2021
Legal note: Circumventing the right of first refusal
Elizabeth Dwomoh covers an interesting case arising from a breach of the right of first refusal under the LTA 1987
Practice points
Basement development – high level of recklessness cannot be an accident
Gueterbock and another v MacPhail and others
Misrepresentation in property sale – seller liable for damages
Rosser v Pacifico Ltd
Public Order Act – proportionality plays no part in conviction under section 14
Director of Public Prosecutions v Eastburn
Dispute resolution mechanism precludes reference to court unless deadline met
University of the Arts London v Legal & General Pensions Ltd and another
Restrictive covenants: Tribunal has no jurisdiction to discharge covenant affecting disposal of land
Re Cammiade: 1 Acacia Grove
Case summaries
Pretoria Energy Company (Chittering) Ltd v Blankney Estates Ltd
Contract – Repudiation – Preliminary issue
Transport for London v Persons Unknown and others
Practice and procedure – Trespass – Injunction
R (on the application of Devonhurst Investments Ltd) v Luton Borough Council
Town and country planning – Enforcement notice – Validity
Peterson and another v Howard de Walden Estates Ltd
Practice and procedure – Court fee – Procedural error
Law report
Barton and others v Morris and others
Restitution – Unjust enrichment – Introduction fee
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