Legal wrap: The Building Safety Act 2022, party walls and lessons on valuation

This week, we have a range of content for readers, starting with the first of a two-part mini-series on the Building Safety Act 2022 and mixed-use property, which sets out the first five of 12 key questions for purchasers. Then we turn to the question of when a court will grant an injunction or damages in lieu following the conclusion of the Tate Modern case. A recent Court of Appeal decision raises an interesting question in relation to the Party Wall etc Act 1996, while the latest Legal Notes offers some valuable lessons on valuation. As ever, there’s plenty more below. Legal news Judge blocks litigant in mortgage litigation dispute The case involves Mortgage Five Zero Ltd, a company that provided non-regulated legal services Legal features Key safety questions when buying a mixed-use building In part one of a two-part mini-series, Archie Campbell, Catriona Berman and James Styles set out the first five of 12 things to check in light of the Building Safety Act 2022 Is the Party Wall etc Act 1996 optional? A recent decision challenges the consensus view on the availability of common law rights. By Matthew Hearsum Damages: an appropriate remedy? Natasha Rees considers when a court will grant an injunction or damages in lieu following the Tate Modern case Leased in translation: cross-border differences explained Laura Oliver and Ameeta Panesar set out key differences in leases between Scotland on the one hand, and England and Wales on the other Who foots the bill for RAAC remediation? Kate McCall and Kirsty Black outline where liability lies in cases involving reinforced autoclaved aerated concrete The litigation game Economic, environmental and safety concerns are increasingly placing landlords and tenants at loggerheads. Kate New explains Legal notes Valuable lessons on valuation A valuer was held not responsible for losses attributable to different effective causes. By Louise Clark Practice points Mineral extraction impacts are not relevant during mineral exploration Frack Free Balcombe Residents Association v Secretary of State for Levelling Up, Housing and Communities and ors Applicants succeed in second modification of covenants despite breach Howard and anor v Surana Contract formalities required for future not actual dispositions Mortgage Five Zero Ltd v Secretary of State for Business and Trade Limit to statutory succession not discriminatory Dudley Metropolitan Council v Mailley Owner of listed building able to operate B&B business Kay v Cunningham and anor Regimes under the 1954 Act and the Telecoms Code are sequential, not concurrent On Tower UK Ltd v Gravesham Borough Council Case summaries Howard and ors v Surana Restrictive covenants – Modification – Building scheme Kay v Cunningham Restrictive covenants – Modification Global 100 Ltd v Jimenez and ors; Global Guardians Management Ltd and ors v Hounslow London Borough Council and ors Housing – House in multiple occupation – Property guardians  Dudley Metropolitan Borough Council v Mailley Housing – Secure tenancy – Possession Law report Richworth Ltd v Billingham Landlord and tenant – Assured tenancy – Deposit For more legal articles and to search our extensive archive, visit EG Legal  To send feedback, e-mail sarah.jackman@eg.co.uk or tweet @EGPropertyNews