News & Library

Do you believe in a thing called LURB?

2023 will see a shake-up to the planning system. This article looks at the key amendments to the planning system that are currently proposed in the Levelling Up and Regeneration Bill and the resulting revisions to the National Planning Policy Framework. ...

A Slippery Slope for Hillside

On 2 November 2022 the Supreme Court handed down its judgment in Hillside Parks Limited v Snowdonia National Park Authority [2022] UKSC 30. The case highlighted the potential consequences of inconsistencies between a planning permission for a large-scale...

A warning to developers

On 6 November 2020 the Supreme Court handed down their decision in Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd [2020] UKSC 45 . They were considering an appeal by Housing Solutions Ltd against the Court of Appeal’s...

Residential repossession proceedings: where are we now?

Back in June we did a brief round-up of the position relating to residential possession proceedings in England during the first lockdown of the year. We now find ourselves emerging from a second lockdown, and, since June, a lot has changed as regards...

Appealing a decision under s69 of the Arbitration Act 1996

Kirby & Others -v- Baker and Metson Limited [2020] EWHC 3181 (Ch) On 27 October 2020 we reported on the tenants’ (represented by Catherine Taskis of Falcon Chambers and Loxley) success in the case of Kirby & Others v Baker & Metson...

The new Environmental Land Management Scheme

The government’s new environmental land management scheme, referred to as ELMs, is due to be fully rolled out at the end of 2024. It will replace schemes that are currently available under the EU’s Common Agricultural Policy. The ELMs is aimed...

Kirby & others v. Baker & Metson Limited [2020] EWHC 2640 (Ch)

This is a decision of the High Court (Meade J) that permitted development rights, under the Town and Country Planning (General Permitted Development) (England) Order 2015 (the "GDPO 2015"), do not fall within Case B of the Agricultural Holdings Act...

Further developments: possession claims

As previously reported on 15 June, the stay on possession proceedings imposed by CPR 55.29 will come to an end on 23 August 2020 after being put in place on 25 March 2020 in response to the Covid-19 crisis. This does not mean, however, that possession...

Gas safety certificates and s.21 notices: good news for landlords

The Court of Appeal decision in Trecarrell House Limited v Rouncefield , handed down in June 2020, has established that a landlord who has not provided their tenants with a gas safety certificate prior to the tenancy commencing is not prevented from using a...

Tenant Fees Act 2019: wider applicability from 1 June 2020

On 1 June 2019 the Tenant Fees Act 2019 (the “Act”) came into force. The Act sets out the law on prohibited payments: landlords and managing agents, from 1 June 2019, are prohibited from charging fees (prohibited payments) other than those...

Recent residential repossession cases

During lockdown there have been a number of cases aimed at questioning the validity of Civil Procedure Rules Practice Direction 51Z (“PD 51Z”). In Marshall (Arkin) v Marshall & Another [2020], a challenge considering the lawfulness of the...

Rented residential property - new electrical safety standards

From 1 July 2020 the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 (the “Regulations”) will come into force and will affect the private rental sector. The purpose of the Regulations is to try to ensure that...

Residential repossession stay extended

On 25 March 2020, in response to the Covid-19 crisis, the government introduced the Coronavirus Act 2020 (the “Act”). In our article dated 8 April 2020 we explained that the Act, among other things, imposes restrictions, for a temporary period,...

Pubic Rights of Way - grounds for diversion

A recent case in the High Court ( Open Spaces Society v. Secretary of State for the Environment, Food & Rural Affairs [2020] EWHC 1085 (Admin)) examined the matters which can be taken into account when determining whether public rights of way should be...

Success with a bare notice to quit

In Argyle Farmers Limited v Hinderton Estates Limited & Hopkins (05.05.2020 unreported), we acted for the defendant landlords in a claim concerning the validity of a general notice to quit served on an agricultural tenant enjoying security of tenure...
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