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This week's edition of Property Disputes weekly highlights includes: a Supreme Court decision on the effect on an RTM claim of failure to serve notice...
The Chartered Institute of Building (CIOB) and the Chartered Institute of Housing (CIH) have jointly published a guide titled ‘Tackling damp and...
Local Government analysis: The Court of Appeal held that the temporary placement of items in otherwise unoccupied premises solely to secure business...
The Online Procedure Rule Committee has published guidance providing accessible descriptions of selected screens used within services operating under...
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’
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
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
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
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