Sisk & Son Ltd v Carmel Building Services Ltd (in administration)

Building contract – Interim payment – Arbitration – Claimant contractor entering into sub-contract with defendant incorporating JCT Conditions of sub-contract – Defendant entering administration – Claimant terminating sub-contract – Defendant claiming sums due to it from claimant – Adjudicator making award in favour of defendant – Claimant appealing – Whether arbitrator erring in burden of proof – Whether arbitrator erring in rejecting claimant’s primary claim – Whether defendant being entitled to statutory interest – Appeal dismissed

Obichukwu v London Enfield Borough Council

Compulsory purchase – Compensation – Acquiring authority making compulsory purchase order to facilitate acquisition of premises for purpose of redevelopment project – Negotiations taking place over payment of compensation – Claimant surrendering lease of shop to authority by returning keys in expectation of receiving compensation – Authority taking view that no compensation payable where lease surrendered – Whether terms of surrender preserving right to claim compensation – Whether legitimate expectation arising that compensation payable – Claim dismissed

R (on the application of Timmins and another) v Gedling Borough Council

Planning permission – Change of use – Cemetery – Second respondent and second appellant submitting rival planning applications for crematorium – Second appellant’s application also including creation of cemetery – Court quashing grant of planning permission to second appellant – Whether first appellant local planning authority misinterpreting paras 89 and 90 of National Planning Policy Framework – Appeal dismissed

Deliberately concealed breaches of planning control and the Welwyn principle

In Welwyn Hatfield Council v Secretary of State for Communities and Local Government [2011] UKSC 15; [2011] PLSCS 97, the Supreme Court held that – as a matter of public policy and despite their apparent strictness – deception on the part of a landowner could disentitle him from relying upon the time limits set out in section 171B of the Town and Country Planning Act 1990 (“the Act”) for taking enforcement action.

Judge backs Winslow Neighbourhood Plan

A developer, whose three sites are not included within the settlement boundary in the new Neighbourhood Plan for the Buckinghamshire town of Winslow, has failed in a judicial review challenge.

Joshua v Southwark London Borough Council

Blight notice – Compensation – Valuation – Acquiring authority adopting scheme for redevelopment of residential estate – Claimant owning leasehold interest in one-bedroom flat in block on estate – Claimant serving blight notice requiring acquiring authority to purchase his interest at unblighted open-market value – Assessment of open-market value – Whether values blighted by existence of scheme – Assessment of reasonable pre-reference surveyor’s fees – Claim determined accordingly

Charlie Properties Ltd v Risetall Ltd (a company incorporated in the Turks And Caicos Islands) and another

Land – Trespass – Damages – Claimant seeking damages and injunction in respect of admitted trespass to land – Defendants accepting liability but resisting claim for injunction – Claimant applying for summary judgment – Whether claimant entitled to injunction – Whether damages being adequate remedy – Application granted

‘Monk rule’ on joint tenancy faces Supreme Court fate

The Supreme Court will decide next week whether the rule that service of a valid notice to quit by only one joint tenant is enough to terminate a joint secure tenancy is a breach of human rights. Lord Neuberger, Lady Hale, Lord Clarke, Lord Wilson, Lord Carnwath, Lord Toulson, and Lord Hodge are to decide […]

Wickland (Holdings) Ltd v Telchadder

Mobile Homes Act 1983 – Protected residential site – Termination of licence – Respondent site owner serving notice on appellant occupier to remedy breach of licence agreement by antisocial behaviour – Such behaviour ceasing for three years before further incident occurring – Respondent obtaining order of court for termination of licence agreement in reliance on earlier notice pursuant to para 4 of Part 1 of Schedule 1 to 1983 Act – Whether breach capable of remedy – Whether remedied within reasonable time – Appeal allowed

Ioannou v Secretary of State for Communities and Local Government and another

Town and country planning – Enforcement notice – Appeal – Local planning authority issuing enforcement notice in respect of conversion of single dwelling to five flats – Appellant’s planning inspector dismissing appeal against notice and rejecting property owner’s alternative scheme for three flats – Inspector’s decision overturned – Whether inspector having power to permit three-flat scheme by variation of enforcement notice on appeal under section 174(2)(f) – Whether inspector erring in failing to consider that option – Appeal allowed

Samuel Smith Old Brewery (Tadcaster) v Selby District Council

Town and country planning – Planning policy – Draft core strategy – Defendant local planning authority presenting draft core strategy for public examination – Inspector suspending examination – Statutory duty for local authorities to co-operate coming into force – Defendants deciding to adopt modified draft – Claimant applying to quash decision – Whether defendants having duty to co-operate – Whether core housing policies being tainted by apparent bias – Whether defendants failing to engage with claimant over deliverability of strategy – Application dismissed

Ghassemian v Tigris Industries Inc

Property – Declaration of trust – Authenticity – Appellant seeking to register title to land by adverse possession – Court refusing application and making final charging order – Permission to appeal being refused – Appellant appealing against decision of master enforcing final charging order by ordering a deferred sale of property – Whether court erring in placing burden of proof on appellant to establish authenticity of declaration of trust – Appeal allowed.

Oates and another v Revenue and Customs Commissioners

Capital gains tax – Relief – Apportionment – Taxation of Chargeable Gains Act 1992 – Sale of house and commercial land – House element of sale attracting relief from capital gains tax by virtue of section 222 of 1992 Act – Apportionment of sale price between house and commercial land under section 54(2) – Whether respondents erring by deducting existing use value of house from total sale price – Appeal allowed