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NEWS
This week's edition of Property Disputes weekly highlights includes: High Court decisions concerning a loan agreement found to constitute an enforceable, unregulated investment property loan, a claim for unjustified enrichment relating to work carried out on a residential property and analysis of the grant of an order for possession and sale due to the vesting of property in trustees, an appellant who was barred from pursuing a new claim for the first time on appeal, and an Upper Tribunal (Lands Chamber) decision concerning the First-tier Tribunal’s appearance of bias in raising and determining an unpleaded issue in contractual liability for service charges dispute. It also includes a Court of Appeal decision that disclosure by the court of an assessor’s evaluation of evidence is not required unless fairness demands it, a Country Court decision concerning the vesting of a new lease of a whole building that must be made on terms equivalent to the forfeited head lease, analysis of the treatment of principal secured debt under a mental health crisis moratorium, the Civil Justice Council’s call for a single court to enforce unpaid civil judgments, publication of the minutes of the CPR Committee meeting held on 7 March 2025 and a round-up of the latest news from the Housing Ombudsman Service.
NEWS
This week's edition of Property Disputes weekly highlights includes: analysis of a recent rights of light decision where negotiating damages were awarded and of a case concerning valuation negligence, the introduction of the English Devolution and Community Empowerment Bill to Parliament and a Court of Appeal decision in which the Mannai principle was applied to deposit prescribed information.
NEWS
This week's edition of Property Disputes weekly highlights includes: progress of the Renters’ Rights Bill including a call for evidence, High Court decisions on restructuring plans, the requirements for a successful proprietary estoppel claim, injunctions to restrain anticipated protests at airports, and the legal test for quia timet injunctive relief.
NEWS
This week's edition of Property Disputes weekly highlights includes: the government’s launch of the private rented sector database in the second phase of Renters’ Rights Act 2025 implementation; an analysis of the Remediation Bill; and a discussion on contributory negligence and the defence of ex turpi causa.
NEWS
This week's edition of Property Disputes weekly highlights includes: High Court decisions on the tenant condition for secure tenancies, possession of a matrimonial home under the Insolvency Act 1986, and a conditional summary judgment, a Court of Appeal decision on undue influence in ‘hybrid’ non-commercial loans, and an Upper Tribunal (Lands Chamber) decision on service charges. It also covers a consultation on proposed draft amendments to the Civil Procedure Rules and publication of Ofcom’s new code of practice on the Electronic Communications Code.
NEWS
This week's edition of Property Disputes weekly highlights includes: High Court decisions concerning affirmation of a bank's security in mortgage breach proceedings, a mortgagee’s breach of equitable duty and dishonest assistance in fiduciary breach proceedings, application of section 234 of the Insolvency Act 1986 in the context of trespassers, setting aside a judgment for fraud and dismissal of possession claim in the context of an absence of proprietary rights via express or constructive trust or clear assurances for proprietary estoppel. It also includes the Property Litigation Association’s guidance for practitioners using Central London County Court, the Department for Science, Innovation and Technology’s consultation on legislative proposals for broadband rollout in leasehold flats, and the British Property Federation’s opposition to the upwards-only rent review ban in the English Devolution Bill.
NEWS
This week's edition of Property Disputes weekly highlights includes: a Court of Appeal decision on the operation of a restrictive covenant, High Court decisions on an order for sale granted to settle interim payments for damages and costs orders, and dismissing a claim of invalid transfer of title, various updates on the Building Safety Act 2022, and analysis of the use of AI in Trial Witness Statements to streamline dispute resolution.
NEWS
This week's edition of Property Disputes weekly highlights includes: a Court of Appeal decision on developer contributions to the Building Safety Fund, High Court cases on possession against protestors, Upper Tribunal decisions on remedial work for structural defects and tests for single hereditaments, an application for relief from sanctions and key property announcements in the Kings Speech 2024.
NEWS
This week's edition of Property Disputes weekly highlights includes: the Welsh Government’s consultation on Building Safety (Wales) Act 2026 implementing regulations, the Law Commission’s launch of consultations on commercial leasehold and business tenancy reforms, analysis of a Court of Appeal decision regarding the impact of defects in tenancy deposit scheme prescribed information on the validity of a section 21 notice, and High Court decisions on resulting trusts and possession of a property following sanction-induced mortgage default. It also includes Upper Tribunal decisions regarding the time limit for service of a financial penalty notice for breach of HMO provisions and flood defence remediation compensation, a First-tier Tribunal decision regarding recoverable temporary accommodation costs in a remediation contribution order, the minutes of the CPR Committee meeting of 8 May 2026 and an update to HMCTS Damages Claims Portal guidance on ‘other remedy’ claims.
NEWS
This week's edition of Property Disputes weekly highlights includes: a Practice Direction update to the Civil Procedure Rules, High Court decisions to grant final injunctive relief to the University of Cambridge in respect of trespass and nuisance by persons unknown and on a complex property joint venture dispute, and the Ministry of Housing, Communities and Local Government issuing a 'call to arms' to advance the government's target of building 1.5 million homes.
NEWS
This week's edition of Property Disputes weekly highlights includes: a Privy Council decision confirming that leases can be terminated for repudiatory breach and Court of Appeal decisions on the ‘tenant condition’, the Tenant Fees Act 2019, and the status of an unregistered landlord for the purposes of the right to manage. It also includes High Court decisions on claims for property damage by an RTM company and for remedial expenditure to prevent damage caused by continuing nuisance, and Upper Tribunal decisions on the calculation of time periods, the evidence required to impose a civil penalty, and the jurisdiction of the First-tier Tribunal to review the rent under an assured tenancy, and publication of the minutes of the Online Procedure Rule Committee.
NEWS
This week's edition of Property Disputes weekly highlights includes: analysis of the forthcoming anti-discrimination provisions in the Renters’ Rights Act 2025 in Wales, the Law Commission’s scoping report on agricultural law in Wales, the BPF’s response to the government’s call for evidence on Business Rates and Investment, and Court of Appeal decisions regarding statutory standing for Code agreement renewals, and the conduct of the sale of a property in receivership. It also includes the Civil Justice Council’s consultation on AI use in court document preparation, Upper Tribunal decisions on interim service charges, theweight given to actual lettings versus comparable evidence in a rateable value assessment and the modification of a restrictive covenant, and a High Court decision on relying on a drainage plan as evidence in a boundary dispute.