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The following Property Disputes news provides comprehensive and up to date legal information on An end to unmeritorious tenancy deposit claims (Lowe v The Governors of Sutton’s Hospital in Charterhouse)
Building safety; statutory construction; retrospectivity; exercise of discretion by FTT; meaning of ‘just and equitable’ (Triathlon Homes LLP v Stratford Village Development Partnership & Others)
The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—31 July 2025
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...
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
Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are 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
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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