Legal wrap: The 5G roll-out, more on Fearn and Rudolph reflects on 2021’s cases

Welcome to your weekly round-up of the pick of the content published on EG Legal over the past seven days. Somehow, it’s that time of the year once more – and, yet again, our expert Legal Notes team have brought some welcome festive cheer to their annual round-up. Get ready to find out which of 2021’s cases have caught the attention of Rudolph, the red-nosed reindeer. In addition, we have an update on 5G roll-out in the UK – is it being held back by inadequate infrastructure, or lack of interest? With further telecoms analysis and news of the Supreme Court appeal in the Tate Modern privacy dispute among our raft of further content, it’s another bumper week. Legal news No right not to be overlooked, says lawyer in Tate Gallery viewing deck case Guy Fetherstonhaugh QC tells the Supreme Court that “privacy has never been held to be a right” Judges ‘misinterpreted’ nuisance law in Tate Gallery viewing platform case The case is one of the most high-profile breach of privacy claims to hit the Supreme Court Sustainable disruption: delving into decarbonising technologies LISTEN: A discussion of the findings of Osborne Clarke’s new report Legal features Rudolph’s musings on the past year in property law The Legal Notes team of Louise Clark, Elizabeth Dwomoh and Stuart Pemble call on help from a certain red-nosed reindeer to reflect on 2021’s cases Accelerating telecoms change Code reforms can bolster UK digital connectivity, write Michael Smith and Pierre Smith The 5G roll-out is buffering along Laura West assesses how coverage in the UK stacks up against our international neighbours Back to Basics: Don’t fall victim to fraud Sophie Crompton and Katie Beddows look at measures that can be taken to prevent property fraud Q&A: Rent review formula Lauren Spark and Toby Watkin clarify the intended meaning of a formula in a commercial lease Practice points Trusts: establishing common intention Williams v Nilsson and another Land registration: FTT entitled to limit its decision to the reference before it Awan v Awan and another Service of statutory notice: reasonable recipient test cures service on assignor Turner and others v Thomas and another Road traffic: does public access require permission or tolerance of the owner? Bowen and others v Isle of Wight Council Compensation: requirement of statute trumps procedural rule requirements Five Oaks Land Ltd v London Borough of Redbridge Threshold to defend possession claims clarified in property guardian claim Global 100 Ltd v Laleva Rectification of register: FTT decision based on mistaken view of the facts Kenny-Frow v Ryan No identifiable property to sustain defence of proprietary estoppel Earl of Plymouth and others v Rees and another Service charges: time being of the essence and recoverability of admin charges Kensquare Ltd v Boakye Breach of covenant: remedy and waiver irrelevant to the FTT’s determination Kyriacou v Linden Case summaries Turner and others v Thomas and others Landlord and tenant – Notice to quit – Validity Five Oaks Land Ltd v Redbridge London Borough Council Compulsory purchase – Compensation – Limitation Global 100 Ltd v Laleva Landlord and tenant – Possession – Licence to occupy Bowen and others v Isle of Wight Council Town and country planning – Planning permission – Unregistered road Gostelow and another (as joint trustees in bankruptcy) v Hussain and others Practice and procedure – Trustee in bankruptcy – Order for sale Earl of Plymouth and others v Rees (deceased) (by his representative) and anr Landlord and tenant – Possession – Proprietary estoppel – Identified property Law reports Bhat and another v Patel and another Landlord and tenant – Possession – Relief from forfeiture Llangewydd Court Ground Rent Estate v Ralph and another Leasehold enfranchisement – Premium – Deferment rate   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