CODE RENEWALS – PART 5 PRACTICE AND PROCEDURE POST-On Tower UK Ltd v AP Wireless II (UK) Ltd [2022] UKUT 152(LC) 09 August 2022
The Upper Tribunal is now routinely sending telecoms site renewals issued under Part 5 of the Code over to the First-tier Tribunal (“the FTT”) in Birmingham. A high-volume of cases are being transferred in this way, prior to the first CMH. James Tipler and Fern Schofield have provided a summary below.
Read More...THE LEASEHOLD REFORM (REASONABLENESS OF SERVICE CHARGES) BILL 09 August 2022
Jonathan Gaunt QC, Toby Boncey and Taylor Briggs have produced an article on the the Leasehold Reform (Reasonableness of Service Charges) Bill, which was introduced by Baroness Kennedy of Cradley in the House of Lords on 13 July 2022.
Read More...Property Litigation column: The registration gap and possession proceedings 08 August 2022
Philip Sissons discusses whether a purchaser can serve a section 8 or section 21 notice under the Housing Act 1988, or start possession proceedings at court, in the period between the date of completion of a purchase and the time at which its application to be registered as the new proprietor at HM Land Registry has been completed.
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Following success in the Court of Appeal, Edward Blakeney analyses the Judgment in Nectrus Limited v UCP Plc [2022] EWCA Civ 949. 28 July 2022
On 11 July 2022 the Court of Appeal allowed Nectrus Limited’s second application under CPR 52.30. The previous decision of another Court of Appeal Judge was affected by apparent bias and the Judge should have recused himself, and exceptional grounds were made out to justify re-opening the appeal. What are the key points to take-away from the case?
Read More...Is there any room for the doctrine of failure of basis in a leasehold context? 27 July 2022
Guy Fetherstonhaugh QC and Elizabeth Fitzgerald, instructed by Mishcon de Reya LLP, acted for Bank of New York Mellon in successfully resisting the appeal to the Court of Appeal by Cine-UK Limited - [2022] EWCA Civ 1021. Guy and Elizabeth have provided a summary below.
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