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Legal wrap: Tokenisation, Scottish rental storm, meanwhile uses and MEES

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

This week, we commence a three-part series on the potential benefits of tokenisation for real estate, with a beginner’s guide to blockchain technology. In addition, there is an appraisal of the radical emergency legislation passed by the Scottish parliament to support tenants through the current cost of living crisis. And the latest episode of our In on the Act podcast looks at the operation of the arbitration scheme for Covid rent arrears that was introduced by the Commercial Rent (Coronavirus) Act 2022. From infrastructure planning to meanwhile uses and MEES, there is plenty more below.

Legal news

In on the Act: How the rent arrears arbitration scheme has worked in practice
LISTEN Will the scheme lead to greater use of arbitration as a method of dispute resolution?

High Court rules on Covid business interruption insurance preliminary issues
Judge gives guidance on number of insured incidents of business interruptions caused by Covid-19

High Court rules council can decide if Westbere land is village green
Challenge is part of dispute over plans to build a 250-home estate

Legal features

Tokenisation of real estate: an untapped opportunity?
Ian Wilkinson, Ian McKenzie, Xavier Pican and Catherine Hammon outline what tokenisation is and what it could offer

RMCs: no panacea for the ‘leasehold issue’
Asset management in practice requires careful thought as leasehold evolves, warns James Duncan

Legal note: Cladding claims – a vital result revisited
Stuart Pemble explains why the latest High Court judgment on cladding claims is an important read for everyone in the industry

MEES: Don’t bury your head in the sand
With deadlines fast approaching, landlords and tenants must work together to achieve results, writes Stuart Funiciello

Meanwhile uses in planning: money for nothing?
Hannah Quarterman explores the positives and pitfalls of meanwhile uses

Infrastructure: the devil is in the detail
David Wood asks: can the government grease the wheels for major infrastructure projects?

Practice points

Land must be identified for potential development to defeat an application to register a town or village green
R (on the application of Bellway Homes Ltd) v Kent County Council

Constructive trust of beneficial interest established
Yalcinkaya v Hassan and another

Where common law rights prevail, a court order for possession is required
Brake and another v Chedington Court Estate Ltd

Case summaries

R (on the application of Bellway Homes Ltd) v Kent County Council
Town or village green – Registration – Trigger event

Brake and another v Chedington Court Estate Ltd
Land – Licensee – Unlawful eviction

Dorrington Residential Ltd v Clifton Gardens Ltd
Landlord and tenant – Breach of covenant – Protected tenancy

Campden Hill Gate Ltd v Duchess of Bedford House RTM Co Ltd
Landlord and tenant – Construction of lease – Parking rights

 


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