Welcome to your weekly round-up of the pick of the content published on EG Legal.
This week, we feature comment on Hillside Parks – the much-anticipated planning decision from the Supreme Court. We also take a look at the Scottish Law Commission’s proposals for tenancy reform, in addition to tackling a question on whether a landowner can obtain an injunction where persons unknown threaten to protest on their land. Other highlights include analysis of a Court of Appeal decision on collateral warranties and a Legal Note dealing with an Upper Tribunal decision on contracts.
Legal news
£2.5m Fitzrovia apartment owners lose lawsuit over noisy facade
The owners had argued that mysterious bangs and pops ruined their enjoyment of the property
Christian Candy fails in bid to recover almost £2m in stamp duty
The case relates to his purchase of a £20m Georgian villa now inhabited by his brother Nick
Cripps head of residential estates to retire
Kerry Glanville specialises in property litigation
Legal features
Back to Basics: Squatters’ rights
Jessica Parry goes back to the drawing board on adverse possession
Legal notes: An unfortunate exchange
In an exchange of contracts for sale of property, each signed part must be delivered to the other party
A positive outcome for beneficiaries of collateral warranties
A Court of Appeal decision concludes that collateral warranties can constitute construction contracts
Legal Q&A: Taking preventive action
Laura Bushaway and Joel Semakula look at whether a landowner can obtain an injunction where persons unknown threaten to protest on their land
The view from Hillside
What does the Supreme Court say on planning permission in this much-anticipated decision?
Making sense of tacit relocation
Steven Blane and Brian Grierson take a look at the effect of tacit relocation and the Scottish Law Commission’s new proposals for reform
Pets in the workplace: paws for thought?
What are the practicalities of allowing dogs in the workplace and is it paws-ible?
Practice points
A notice to quit addressed to a person by name must correctly identify the recipient
OG Thomas Amaethyddiaeth Cyf and another v Turner and others
Drop-in planning permissions and multi-unit developments
Hillside Parks Ltd v Snowdonia National Park Authority
Developer cannot implement planning permission if compliance is physically impossible
Hillside Parks Ltd v Snowdonia National Park Authority
Statutory nuisance: no distinction between intended use and antisocial use
Merren Jones and others v Chapel-en-le-Frith Council
Service charges: reasonableness and payability of management fees
Howe Properties (NE) Ltd v Accent Housing Ltd
Recoverability of the costs of serving a section 166 notice
Stampfer v Avon Ground Rents Ltd
Case summaries
Tejani v Fitzroy Place Residential Ltd and another
Nuisance – Noise – Breach of covenant
Hillside Parks Ltd v Snowdonia National Park Authority
Town and country planning – Planning permission – Pilkington principle
Candy v Commissioners of HM Revenue and Customs
Taxation – Stamp duty land tax – Repayment
OG Thomas Amaethyddiaeth Cyf v Turner and others
Landlord and tenant – Notice to quit – Validity
Law report
Pile v Pile
Landlord and tenant – Joint tenancy – Notice to quit
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