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Legal wrap: Sustainability, business rates reform and more on Covid rent arrears

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

This week, we have a look around the globe at how pandemic rent arrears are being treated, and how it might influence the UK’s plans for a binding arbitration process. In addition, a comment piece written ahead of the Budget sets out the steps needed to address the “broken” business rates system. And we have the final part in our article series from lawyers at Charles Russell Speechlys based on their report Skyscraper vs Groundscraper – this time considering sustainability and environmental impact. As ever, there is even more below.

Legal news

Court finds official receiver sold London plot without authority
Hilly Fields plot sold in 2014 for £20,000 was sold on five years later for £175,000

Barnet resident saddled with legal costs after ‘hopeless’ planning challenge
Judge rules there are “exceptional reasons” to award costs in this case

Legal features

Skyscraper vs Groundscraper: the sustainability imperative
Fiona Edmond and Kerry Stares address how sustainable design and development is evolving to improve environmental and social impact

Pleas for business rates reform must not fall on deaf ears
Martin Davenport presents his wish list for the chancellor

Covid rent arrears: piecing together the comparative picture
Joe Perry considers what the UK might learn from other jurisdictions’ approaches to implementing binding arbitration

Enforcing keep-open covenants
Guy Fetherstonhaugh QC and Imogen Dodds reflect on a Scots decision which shows that keep-open covenants north of the border are enforceable by injunction

Nitrate pollution: where there’s muck there’s brass
Taking agricultural land out of production can offset the impact of nitrate pollution from housing, writes Matthew Stimson

Legal note: Let the decision be sidestepped
Stuart Pemble considers the Supreme Court’s latest decision on liquidated damages

Practice points

Litigants-in-person and paper determinations
Raja v Salford City Council

Sportelli can only be challenged on the basis of persuasive authority
Earl Cadogan and another v Sportelli

The starting point for setting rent repayment orders
Williams v Parmar

The perils of unrestricted home security surveillance
Fairhurst v Woodard

Interim Code rights – no destructive works where site owner objects
Cornerstone Telecommunications Infrastructure Ltd v St Martins Property Investments Ltd

Case summaries

Campbell v Purchasers of flats at 47 Clarence St and 44 Conduit St Leicester
Real property – Insolvency – Relief

Llangewydd Court Ground Rent Estate v Ralph and another
Leasehold enfranchisement – Premium – Deferment rate

Cornerstone Telecommunications Infrastructure Ltd v St Martins Property Ltd
Telecommunications – Electronic Communications Code – Interim Code rights

Tewkesbury Borough Council v SSHCLG
Town and country planning – Planning permission – Housing supply

Law reports

Poule Securities Ltd v Howe and others
Civil procedure – Unless order – Possession

Rock Ferry Waterfront Trust v Pennistone Holdings Ltd
Land registration – Overriding interest – Actual occupation

 

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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