Banner Homes Ltd v St Albans City and District Council and another

Land – Asset of community value – Localism Act 2011 – Respondent council listing field as asset of community value – Appellant objecting and fencing off field – Tribunals upholding decision to list field – Appellant appealing – Whether unlawful use of field by local residents for recreational purposes qualifying use for listing purposes – Appeal dismissed

Will you be hit by the £120m Crossrail 2 tax?

Owners of around 315,000 residential properties across London could be hit by a £120m annual Crossrail 2 tax, under proposals by TfL, according to research from EG’s Radius Data Exchange. Are you one of them? To find out, click on the magnifying glass on the map below and type in your postcode. The tax will […]

P&P Property Ltd v Owen White & Catlin LLP and another; Dreamvar (UK) Ltd v Mishcon de Reya (a firm) and another (Law Society intervening)

Solicitor – Estate agent – Warranty of authority – Fraudster dishonestly impersonating true owner of residential property – Fraudster instructing respondent solicitors and estates agents to act in sale of property – Appellant purchaser claiming respondents liable for breach warranty of authority – Whether respondents warranting to purchaser that they had authority to act for true owner – Whether respondents liable for breach of warranty of authority – Whether respondents liable in negligence – Whether respondents liable for breach of trust – Appeals allowed in part

MWB Business Exchange Centres Ltd v Rock Advertising Ltd

Contract – Variation – NOM clause – Respondent occupying office premises under licence from appellant – Parties entering into new licence agreement for larger premises at increased licence fee – Appellant terminating agreement for arrears and claiming unpaid licence fee and charges – Respondent relying on alleged oral agreement to vary payments – Whether reliance on such agreement precluded by clause that all variations to be in writing (NOM clause) – Appeal allowed

Baker and another v Craggs

Sale of land – Right of way – Overreaching – Owners of land first selling land to appellant then granting right of way over it in favour of respondents – Respondents obtaining declaration that right of way effective – Appellant appealing – Whether appellant’s interest being overreached by respondents’ right of way – Appeal allowed

R (on the application of Jayes) v Flintshire County Council

Town and country planning – Planning permission – Gypsy site – Appellant local authority granting planning permission to continue using site as residential gypsy site – Respondent neighbour obtaining judicial review – Appellant appealing – Whether appellant having sufficient evidence of children on site to justify conclusion that their needs outweighed identified harm – Appeal allowed

Fair Processing Notice

Additional Privacy Information for certain EG services The Reed Business Information Privacy Policy describes how we collect and treat personal information when you use Estate Gazette websites, mobile applications and other services. This additional notice explains how some of our products, services or apps allow our customers to look-up information about individuals: Radius (the “EG […]

R (on the application of Muir) v Wandsworth London Borough Council

Lease – Common land – Private nursery – Appellant local authority granting long lease of premises on common land to limited company to operate private nursery – Respondent applying for judicial review – High Court granting application – Appellant appealing — Whether company operating indoor facility for “recreation” – Whether limited company constituting “organisation” – Whether Order regulating open spaces permitting proposed use — Appeal dismissed

Mutated CVAs are creating zombie high streets

COMMENT: The insolvency community has cynically applied a positive concept, intended to preserve jobs and encourage entrepreneurship, to become a tool that benefits existing shareholders and secured creditors, says Ellandi’s Morgan Garfield

Sumner v Colbourne

Highway authority – Duty of care – Negligence – Appellant sued for negligence in connection with road accident – Appellant bringing Part 20 proceedings against highway authorities alleging negligence/breach of statutory duty due to vegetation restricting visibility – County court striking out claim – Appellant appealing – Whether highway authorities owing highway users duty of care in respect of vegetation not itself on or over highway – Whether judge erring in finding no real prospect of establishing small amount of vegetation on or over highway caused accident – Appeal dismissed

R (on the application of Cotham School) v Bristol City Council

Town or village green – Registration – Use of land “as of right” – Claimant school applying for order quashing decision of defendant local authority to register as town or village green land used as school playing fields and also by local inhabitants – Whether defendant erring in law when concluding use of land by local inhabitants “as of right” – Whether defendant failing to provide adequate and sufficient reasons for decision – Application granted