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The following Local Government news provides comprehensive and up to date legal information on An eggs-cellent result for egg producers? (Bunyan (VO) v Fridays Ltd)
Private nuisance—general principlesWhat situations can give rise to a claim?Private nuisance is a ‘violation of real property rights’. It involves...
Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...
Specific performance of property agreementsIf a party to a property agreement fails to comply with its obligations, the other party may wish to apply...
Forfeiture of a leaseWhen can a landlord exercise the right to forfeit a lease?Forfeiture is a landlord’s right to bring a lease to an end as a result...
Nuisance—what are public and private nuisance claims?Nuisance claims are recognised in the following way:•private nuisance—substantial interference with the use/enjoyment of land•public nuisance—an unlawful act/omission causing widespread harm•‘the rule in Rylands v Fletcher’ — ‘non-natural’
Damage by tree rootsThis Practice Note discusses damage by tree roots, including the duty between neighbours, foreseeability, causation, possible measures to minimise or prevent damage and remedies.LiabilityThe leading case on damage to property caused by encroaching tree roots is Delaware Mansions
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application
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