Cheshire East

Listing assets of community value

The High Court has ruled that a council’s refusal to list local sports field as an asset of community value was unlawful. Jenny Wigley QC analyses the judgment. Read more
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Jan 27, 2022

Council defeats appeal over status of former bus depot

No charitable trust was created when the London Borough of Brent bought a former bus depot for conversion to a community centre, even though charities were involved in the transaction, the Court of Appeal has found.
Jan 26, 2022

Four local authorities migrate local land charges to central register run by Land Registry

Four more local authorities have this month migrated to HM Land Registry’s Local Land Charges (LLC) Register.
Jan 24, 2022

Council agrees to reconsider decision to de-register common land around historic racecourse buildings after judicial review challenge

North Yorkshire County Council has agreed to reconsider its decision to de-register common land surrounding three historic buildings on Low Moor, Richmond, the site of a former horse racing track.
Jan 20, 2022

High Court rejects appeals over business rates and sham transactions findings

The High Court has dismissed appeals against a case brought by Cardiff City Council over shams designed to avoid business rates.
Jan 19, 2022

Decision by council leader to put brakes on housing development flawed and left resident "in limbo", says Ombudsman

A decision by the leader of Haringey Council to abandon a housing development after agreeing to purchase a private property on the earmarked land has been criticised as "flawed" by the Local Government and Social Care Ombudsman.
Jan 13, 2022

Councils win appeal over final injunctions against unauthorised encampment and prevention of newcomers occupying land

A High Court judge was wrong to hold that the court cannot grant final injunctions against unauthorised encampment that prevent newcomers from occupying and trespassing on land, the Court of Appeal has said.
Jan 10, 2022

Gove sets deadline for residential property developers to agree action plan for remediation of unsafe cladding

The Secretary of State for Levelling Up, Housing and Communities, Michael Gove, has given developers a deadline of early March to agree a fully funded plan of action including remediating unsafe cladding on 11-18 metre buildings.
Jan 06, 2022

Resident ordered to pay £90,000 in fines and costs after poisoning protected tree

BCP Council has successfully prosecuted a man following the suspicious death of a protected Monterey Pine tree.
Jan 06, 2022

Council secures continuation of High Court interim injunction over unauthorized development

West Berkshire Council last month won a continuation of an interim injunction preventing any further unauthorised development at the Lawrences Lane site in Thatcham.
Jan 06, 2022

Council facing potential legal challenge over planned transfer of former leisure centre site to university

Winchester City Council has been threatened with a judicial review by a local campaign group over its plans to turn over a former leisure centre site to the University of Southampton.
Dec 29, 2021

Council fined £300k after dog walker hit by tree on public footpath

A county council has been fined £300,000 for failing to inspect and maintain trees on a public footpath, following the death of a member of the public.
Dec 29, 2021

Property and costs litigation barrister joins Landmark Chambers

Kate Traynor has joined Landmark Chambers as a specialist property, costs and commercial litigation barrister.


January 28, 2022

Practice Direction 57AC in practice

Marion Smith QC, Joe-han Ho, Ruth Keating and Philippe Kuhn examine the latest court ruling on PD 57AC.
January 21, 2022

Bucking the Trend on Specific Performance Buckinghamshire Council v FCC Buckinghamshire Limited

Clare Mendelle and James Hughes highlight the wide definition of Third-Party Income and the measures the courts are prepared to take to enforce the terms of longstanding contracts, by analysing the Buckinghamshire Council v FCC Buckinghamshire Limited case.
January 21, 2022

The Colston 4 and the listed building

Richard Harwood QC examines the relationship between listed building legislation and the decision to acquit the 'Colston 4'.
January 21, 2022

Council tax and ‘self-contained units’

Sarah Sackman and Aidan Wills report on an important Council Tax case on the test for a ‘self contained unit’.
January 14, 2022

Coronavirus (COVID-19) - implications for property

Lexisnexis analyse the implications of COVID-19 on property.
January 14, 2022

Shared ownership – reverse staircasing

Jonathan Jennings looks at what is involved where a shared ownership leaseholder wants to reduce their ownership share.
January 13, 2022

Court of Appeal cooks the (Canada) Goose

The Court of Appeal has allowed an appeal by 15 councils over whether final injunctions can be granted against ‘newcomers’. Ranjit Bhose QC and Wayne Beglan analyse the ruling.
January 12, 2022

The 'right to manage' and shared estate facilities

In a key ruling on the 'right to manage' and wider estate facilities, the Supreme Court has overturned the Court of Appeal's ruling in Gala Unity. Simon Allison and Kimberley Ziya consider the implications.
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Dec 20, 2021

Homes England issues prior information notice for 2022-26 legal services framework

Homes England has issued a prior information notice for its next legal services framework worth an estimated £40m.
Dec 01, 2021

Court of Appeal agrees to hear nitrate neutrality case

The Court of Appeal has given permission for an expedited appeal in the case concerning the impact of nitrates on new housing development in the Solent area.
Dec 01, 2021

City council to spend £26m+ on 371 properties in bid to tackle growing demand for affordable housing

Leicester City Council has unveiled plans to buy 371 new properties at a cost of £26.6m as part of efforts to address a growing need for affordable housing.
Nov 25, 2021

High Court judge rejects appeal by couple over listing of property as two self-contained units for purposes of council tax

A couple has lost a High Court appeal over a council tax valuation dispute with Oxford City Council.
Nov 11, 2021

City ordered to pay almost double its valuation of CPO site but significantly less than sum claimed by landowner

Salford City Council must pay a landowner £5.6m after compulsorily purchasing its site, well below the £11.2m claimed but more than the council’s £3m valuation.
Nov 10, 2021

Government introduces Bill to ringfence rent debts built up following mandated business closures during pandemic

The Department for Business, Energy, and Industrial Strategy, and the Department for Levelling up, Housing and Communities have introduced the Commercial Rent (Coronavirus) Bill into Parliament alongside a new code of practice.
Nov 10, 2021

Monitoring officer advises council leader not to participate in vote on skate park development following complaint by lawyers behind judicial review challenge

The leader of Swansea Council has chosen not to debate or vote on a controversial skatepark development after receiving a complaint claiming he has a personal and prejudicial interest in the issue.
Nov 03, 2021

Personal trainer fails in Planning Court claim against decision by inspector over gym in garden

The High Court has dismissed all grounds advanced by a personal trainer who runs a gym in his garden shed in a planning dispute with the Secretary of State for Housing, Local Government and Communities.
Nov 01, 2021

Six local authorities in single month migrate to Local Land Charges Register run by Land Registry

Six more local authorities migrated onto HM Land Registry’s Local Land Charges Register in October, the highest number of councils to have joined in one month.
Oct 29, 2021

Regulator issues notice against council over failure to carry out housing safety inspections

The Regulator of Social Housing has issued a regulatory notice against Norwich City Council after the local authority was found to have more than a thousand overdue housing safety inspections.
Oct 28, 2021

Landmark barristers to appear in four Supreme Court property cases in five months

Property barristers at Landmark Chambers are scheduled to appear in the Supreme Court representing clients in four separate cases in the coming months.
Oct 21, 2021

Major provider of social housing loses £3m High Court battle with council over application of community infrastructure levy

Social landlord Stonewater has lost a High Court dispute with Wealden District Council over a £3m bill for the Community Infrastructure Levy (CIL).
Oct 05, 2021

Law firm advises borough on deal to build largest film and tv production centre in London

Law firm Gowling WLG has advised the London Borough of Barking and Dagenham and its regeneration and development company Be First on an agreement with Hackman Capital Partners (HCP) to build London's largest film and TV production centre in Dagenham.
Oct 05, 2021

Bevan Brittan advises borough council on £7m purchase of town centre site

A team from law firm Bevan Brittan's London and Leeds offices has advised Worthing Borough Council on the £7m acquisition of a major town centre site.
Sep 29, 2021

Property specialist becomes fifth High Court judge appointed in September

A fifth new High Court judge – real property law specialist Edwin Johnson QC – has been appointed this month.
Sep 24, 2021

Council fails in bid for final injunction prohibiting defendants from anti-social behaviour in any public space in borough

A High Court judge has rejected an application by the London Borough of Hackney for a final injunction prohibiting a number of defendants until 13 September 2022 from engaging in various activities which were said to constitute anti-social behaviour and/or public nuisance in any public space in the borough.
Sep 23, 2021

MoJ sets up expert working group on electronic signatures

The Ministry of Justice has established an expert working group to seek ways to improve standards, reliability and security in electronic signatures and other means of legally executing documents.
Sep 21, 2021

Welsh Government to simplify planning and historic environment law as part of codes plan

The Welsh Government has launched a new programme to simplify planning and historic environment law, as part of a long-term plan to create Codes of Welsh law.
Sep 21, 2021

Court of Appeal to live stream contempt of court appeal next week from builder of “Britain’s biggest man cave”

The Court of Appeal will next week hear an appeal by a defendant found in contempt of court for failing to demolish a leisure building housing a cinema and bowling alley that he was ordered to take down in 2018.
Sep 20, 2021

SRA and county council secure funding for legal projects from Regulators Pioneers Fund

An Oxfordshire County Council project aimed at improving legal compliance in relation to unmanned aerial vehicle (UAV) services and trials and a Solicitors Regulation Authority (SRA) research project into enhancing legal access within local communities are amongst 21 projects to have received financial backing from the Department for Business, Energy and Industrial Strategy (BEIS).
Sep 20, 2021

Guidance issued on remote hearings and bundles in Business and Property Courts

The Courts and Tribunals Judiciary has issued guidance on practical measures that will – with the authorisation and approval of the Chancellor of the High Court and the Judges in Charge of the Commercial Court and the Technology and Construction Courts – remain in place until further notice, to assist the courts of the Business and Property Courts “to deal with their business as efficiently as…
Sep 16, 2021

Property transaction using Qualified Electronic Signature in Land Registry pilot completes in just 24 hours

The UK's first property deal using a technology that does not require a witness has been completed this week, taking 24 hours to complete.
Sep 14, 2021

Councils express concern about practicalities of implementing new fire safety legislation

The Local Government Association has said it welcomes the introduction of the Fire Safety Act and the Building Safety Bill and hopes they will be "an important step in the right direction", but has expressed concern about some of the practicalities of the implementation of new fire safety legislation for both resident safety and local authorities.
Sep 13, 2021

Leading planning, property and public law chambers set up mentoring scheme for under-represented groups at the Bar

Five sets of chambers that specialise in planning, property and public law – Cornerstone Barristers, Field Court Chambers, FTB Chambers, Kings Chambers and Landmark Chambers – have set up a mentoring scheme for underrepresented groups at the Bar.
Sep 10, 2021

Homes England 'revolutionises' procurement process with launch of new land disposal approach

Homes England has launched what it has called a "first of its kind" Delivery Partner Dynamic Purchasing System, which allows housebuilders to apply to join the agency's list of preferred developers on an ongoing basis, rather than having to wait until the list renews once every four years.
Sep 09, 2021

Council obtains injunction to prevent sale of Tudor overmantel from listed building

Stafford Borough Council has secured an injunction to stop a local auction house from selling a 16th century overmantel, thought to be worth a substantial sum.
Sep 01, 2021

District planning authorities in England issue fewest number of enforcement notices since records began

District planning authorities in England issued fewer than 3,000 enforcement notices in the year to March 2021, government data has revealed.
Aug 26, 2021

LGA calls for billing authorities to have ability to be parties to business rates appeals again

The Local Government Association (LGA) has said that billing authorities in England should have the ability restored to be party to business rates appeals.


December 22, 2021

The Electronic Communications Code and what local authorities need to know

Emma Barnfield and Jeni Hanstock set out some of the issues that local authorities need to be aware of when it comes to the Electronic Communications Code.
December 17, 2021

Reform or revolution?

How is Practice Direction 57AC bedding down? Marion Smith QC, Joe-han Ho, Ruth Keating and Philippe Kuhn look at its impact.
December 17, 2021

The Environment Act 2021

The Environment Act 2021, which received Royal Assent on 9 November 2021 following extensive debate in Parliament, introduces important requirements and changes for planners and developers, writes Ruth Keating.
December 16, 2021

Loose talk costs money: Oral agreement to forego liquidated damages was valid

Michael Comba outlines and analyses a contract dispute resolution: Mansion Place Ltd v Fox Industrial Services Ltd [2021] EWHC 2972 (TCC)
December 10, 2021

Why the revised Prudential Code matters to monitoring officers

Monitoring officers need to make sure they are fully aware of the changes being introduced through the revised 2022 Prudential Code for Capital Finance in Local Authorities, writes Paul Feild.
December 03, 2021

The Commercial Rent (Coronavirus) Bill: the Code of Practice

In the third article in a three-part series on the Commercial Rent (Coronavirus) Bill, Edward Blakeney and Mattie Green examine the accompanying Code of Practice.
December 03, 2021

Service charge machinery and clauses for recovery of costs

A Court of Appeal judgment provides guidance for residential and commercial landlords on how service charge machinery and clauses for the recovery of costs are to be construed. James Fieldsend and Edward Blakeney analyse the ruling.
December 02, 2021

Empty white space in a data hall operated by an IT company forms part of a rateable hereditament

LexisPSL analyse a case in which empty white space in a data hall operated by an IT company forms part of a rateable hereditament
December 01, 2021

Purchasing properties bound by affordable housing occupancy restrictions

Following a homeowner’s Section 106 “conspiracy” claim, how can registered providers avoid risks when buying affordable housing? Suzanne Smith and Jennifer Eng explain.
November 26, 2021

The Commercial Rent (Coronavirus) Bill: moratorium on enforcement

In the second of three articles on the Commercial Rent (Coronavirus) Bill and the new Code of Practice, Edward Blakeney and Mattie Green look at the moratorium on certain remedies and insolvency arrangements.
November 19, 2021

Land led deals – what you need to consider

Land led deals are on the rise, with more registered providers taking the plunge. Katie Fung looks at the pros and cons.
November 19, 2021

Work sheds and CIL

One strong trend as a result of Covid has been the increase in the number of structures built in gardens to facilitate working from home. Many of the householders will not have considered the CIL (Community Infrastructure Levy) consequences of carrying through such a project, writes Christopher Cant.
November 19, 2021

The Commercial Rent (Coronavirus) Bill: A resolution to pandemic rent debts?

Edward Blakeney and Mattie Green look at the likely impact of the Commercial Rent (Coronavirus) Bill.
November 03, 2021

Updating the Land Registration Act 2002 – what reforms can we expect?

Joshua Griffin discusses the Government’s response to the Law Commission’s project on Updating the Land Registration Act 2002.
October 29, 2021

Progressing interim injunctions

A High Court judge recently accused four councils of abusing the court’s processes by failing to progress interim injunctions granted against ‘persons unknown’. Roderick Morton looks at the challenges faced by local authorities.
October 22, 2021

Mineral rights: mudstone in mid-Wales

Mark Wonnacott QC and Harriet Holmes examine an important Court of Appeal ruling on the law relating to mineral reservations.
October 15, 2021

Recovering commercial rent during the pandemic

Clare Hartley and Chloe Postlethwaite analyse the latest favourable ruling for landlords in relation to commercial rent recovery during Covid-19, a judgment that confirms landlords can currently still rely on the court route notwithstanding the UK Government’s plans for arbitration next year.
October 08, 2021

Interim and final injunctions: the differences

Roderick Morton considers two injunction cases which neatly illustrate the differences between interim and final injunctions.
October 08, 2021

What now for public sector office buildings?

With the move to working from home, what will become of public sector office buildings? Amy Entwistle looks at the position in Scotland.
September 29, 2021

Practice Direction 57AC Trial Witness Statements in the B&PC

Matthew Hall and Geraint Wheatley discuss various issues relating to evidence in property cases.
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