Insolvency perspective As the trust deed, detailing the transfer, was made between A and B during A’s winding up, it is possible that it may be considered that the transfer only formally took place during that time, and it may be considered a void disposition. Section 127(1) of the Insolvency Act 1986 (IA 1986) (void dispositions) provides: ‘In a winding up by the court, any disposition of

Demolition under BA 1984 Section 79 of the Building Act 1984 (BA 1984) empowers a local authority to require the owner of a building or structure that, by reason of its ruinous or dilapidated condition, is seriously detrimental to the amenities of the neighbourhood, to execute such works of repair or restoration, or if the owner so elects, to take such steps for demolishing the building or structure or any part thereof, as may be necessary in the interests of amenity. Certain notices under BA 1984 must indicate the nature of the works to be executed and state the time within which they are to

Case study The tenant in this situation has entered into a lease for farmland under the Agricultural Holdings Act 1986 (AHA 1986) with two landlords, A and B. A has a 75% beneficial interest in the farmland, B has a 25% beneficial interest. The tenant has carried out some improvements to the farmland, and these were done with the consent of A, but not with the consent of B. B now alleges breach of the lease, and the alleged breach relates to the improvements carried out by the tenant. Agricultural tenancies agreed before 1 September 1995 are covered by the AHA 1986, and are sometimes referred to as Full Agricultural Tenancies (FATs) or Agricultural Holdings Act tenancies (AHAs). Such tenancies usually

It is a settled rule of law that a tenant cannot acquire an easement by prescription, and that no easement can arise against a tenant. A tenant’s use can establish an easement, but it attaches to the freehold estate; and where a prescriptive easement is said to arise against land occupied by a tenant, this will again burden the freehold and will depend on whether the freehold owner acquiesced in the use. See Williams v Sandy Lane (Chester) Ltd. In China Field Ltd v Appeal Tribunal (Buildings) [2009] HKCU 1650 (not available

Corporate Crime analysis: The Court of Appeal considered the validity of charges that were brought for breaching a court order that had been imposed unlawfully. It held that charges brought for breach of a court order (in this case, a Sexual Harm Prevention Order (SHPO)), where the Crown Court had in fact had no power to make such an order (because the offences were not offences in respect of which a SHPO could be made), were still valid. The court ruled that it was irrelevant that the unlawful SHPO had been made by the Crown Court, a court of ‘limited jurisdiction’ (ie a court that only has jurisdiction in relation to certain types of matter, set out in statute). It held that an order of any court is to be obeyed unless and until it is set aside. The appellant’s convictions for breaching the SHPO were therefore upheld. The court also reaffirmed the principles set out in R v Gould regarding the correct use of the power contained within section 66 of the Courts Act 2003 (CoA 2003) when, in proceedings before the Crown Court, it emerges that there is a defect in a charge committed from the magistrates’ court. Written by Ben Douglas-Jones QC and Chris Jenkins of 5 Paper Buildings.

Mealey’s: The armed conflict engulfing Iran and the near-total shutdown of commercial transit through the Strait of Hormuz since early March 2026, represent a disruption to international shipping and energy markets without meaningful precedent in the post-war era. The Strait has long served as a critical chokepoint in global energy logistics: roughly a fifth of the world’s daily petroleum consumption and a comparable proportion of internationally traded liquefied natural gas (LNG) ordinarily moves through this narrow passage. Several of the region’s largest energy producers, among them QatarEnergy, Kuwait Petroleum Corporation, Shell and Bapco, have already invoked force majeure against their contractual counterparties. The knock-on effect of this disruption is global, and energy and commodities markets around the world have been significantly impacted.

There are various statutory provisions and rules regarding the disclosure of documents relating to family proceedings to third parties, including the police. Section 12 of the Administration of Justice Act 1960 provides that the publication of information before a court sitting in private shall not itself be contempt of court save where the proceedings are brought under the Children Act 1989 (ChA 1989) or otherwise relate wholly or mainly to the maintenance or upbringing of a minor. ChA 1989, s 98, provides that statements or admissions in such proceedings are not admissible in evidence in criminal cases. Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 12, makes provision for

It is commonly the case when a relationship breaks down and there has been domestic violence that the first application that comes before the court is an application under the Family Law Act 1996 (FLA 1996) for a non-molestation and/or an occupation order. Where those proceedings are contested, the court will make findings of fact on the allegations made that form the basis of the application and will determine whether those allegations are true on the balance of probabilities. There is often a significant overlap between findings of fact made at a final hearing under FLA 1996 and a fact-finding hearing within the Children Act 1989 (ChA 1989) proceedings. Where the two sets of proceedings run at the same time, it is usual

Arbitration analysis: The recent decision of the Supreme Court of the Federation of Bosnia and Herzegovina (‘FBiH Supreme Court’) is a game-changer for arbitration agreements in Bosnia and Herzegovina (‘BiH’). The court upheld the validity of an arbitration clause despite vague wording and clarified that initiating court proceedings does not automatically waive the right to arbitrate future disputes. By applying the principle in favorem validitatis (in favor of validity), the court emphasised that the true intent of the parties (rather than formal precision) should prevail. For legal practitioners, this ruling highlights the importance of interpreting contracts based on the parties' true intentions, especially when drafting arbitration clauses. The decision also offers clarity on the strategic use of both arbitration and court proceedings, making it essential reading for anyone involved in general commercial law or dispute resolution. Written by Ilma Kasumagić, attorney at law, member of Wolf Theiss Regional Arbitration Team.

This Q&A may be relevant for anyone working with the Conservation of Habitats and Species Regulations 2017 (the Habitats Regulations), SI 2017/1012. The complexity and novelty of the overlapping and numerous pieces of Brexit legislation leave room for some uncertainty as to precisely how a court would act in the event the point raised were tested. The case referred to, Harris v Environment Agency was decided in 2022, after ‘exit day’ (section 1 of the European Union (Withdrawal) Act 2018 (EU(W)A

Case study In proceedings for an extended lease of a flat under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), a landlord's solicitors have not expressly confirmed their approval of some amendments made to the draft lease, but the deadline has passed to provide the tenant with 'a list of the terms of the draft lease that remain in dispute'. The parties are now required to exchange 'statements of agreed facts and disputed issues'. Extended leases See Practice Note: Guide to lease extensions of flats under the Leasehold Reform, Housing and Urban Development Act 1993, which sets out the requirements for an extended lease. The extended lease must be granted

Under the NEC4 conditions, as set out in the LexisNexis Manual of Construction Agreements, defined cost is composed of two elements: • the cost of components in the Short Schedule of Cost Components, the rates for which are stated in Part 2 of the Contract Data. These are rates for categories of personnel, equipment, labour employed in off-site manufacture or off-site fabrication and design staff (see clause 11.2(23) of NEC4 Option A) • other amounts at open market