Articles

Co-Ownership post-LPA: Home and Away

The second in our series of monthly articles commemorating the centenary of the passage of the Law of Property Act 1925 is written by Oliver Radley-Gardner KC.

• Oliver Radley-Gardner KC

Some issues in the law of adverse possession: The problem of multiple squatters

Oliver Radley-Gardner KC and Taylor Briggs and consider the complication caused by multiple squatters.

• Oliver Radley-Gardner KC

RENEWING THE 1954 ACT –  ROOT AND BRANCH OR JUST A TRIM?

Oliver Radley-Gardner KC delivered a talk on the reform of the Landlord and Tenant Act 1954 (the 1954 Act) at the Falcon Chambers Property Law seminar in Manchester on 12 July 2023. This article outlines his thoughts on the Law Commission's proposals to renew the Act.

• Oliver Radley-Gardner KC

The rights and wrongs of expert evidence

Oliver Radley Gardner KC has produced a paper on 'The rights and wrongs of expert evidence'.

• Oliver Radley-Gardner KC

Going Public - Use of streets for Electronic Communications Apparatus

This short paper is intended to draw attention to the lesser-litigated parts of the Code that follow behind Part 6 of the Code, with a focus on Street Work Regime in Part 8. Written by Oliver Radley-Gardner QC and Tricia Hemans

• Oliver Radley-Gardner KC

The role of the surveyor-expert and their evidence in litigation

Mark Barlow MRICS and Oliver Radley-Gardner QC consider some common pitfalls for experts giving evidence in Court.

• Oliver Radley-Gardner KC

Who has jurisdiction and under what circumstances?

This paper deals with one of life’s big questions: “why are we here?”, albeit the “here” refers to one or more of the County Court, the First Tier Tribunal and the Upper Tribunal (Lands Chamber), and sometimes two of them at the same time.

• Oliver Radley-Gardner KC

A Commentary On The Product Security and Telecommunications Infrastructure Act 2022

The Product Security and Telecommunications Infrastructure Act 2022 ("PSTI") received Royal Assent on 6 December 2022, having completed its passage through the House of Commons and the House of Lords. Part 2 of the Act introduces changes to the Electronic Communications Code in Schedule 3A to the Communications Act 2003, and embeds the Code consideration valuation hypothesis into the Landlord and Tenant Act 1954, Part 2. A late amendment in the Lords, seeking an independent review of the Electronic Communications Code (and in particular its valuation hypothesis) was rejected by the Commons, on the grounds of public expenditure.

• Wayne Clark KC

EE v MacDonald: The Latest in a Flurry of Code Cases

Oliver Radley Gardner and James Tipler on EE v MacDonald: The Latest in a Flurry of Code Cases.

• Oliver Radley-Gardner KC

Forum Non-Convenient? Try Arbitration

Jonathan Karas Q.C. and Oliver Radley-Gardner consider the advantage of arbitration in the context of the Covid-19 crisis

• Jonathan Karas KC

Witnessing an Execution: What Does s1 of the Law of Property (Miscellaneous Provisions) Act 1989 Require Today?

Oliver Radley-Gardner and Cecily Crampin on Witnessing an Execution: What Does s1 of the Law of Property (Miscellaneous Provisions) Act 1989 Require Today?

• Oliver Radley-Gardner KC

Your flexible friend? Interim code rights (University of London v Cornerstone)

This article considers a further decision on the Electronic Communications Code, in Schedule 3A to the Communications Act 2003. In University of London v Cornerstone Telecommunications Infrastructure Ltd, the Court of Appeal considered whether there was a right to survey to determine whether a prospective site was suitable for installation of electronic communications apparatus, and whether a right could be sought on an interim basis without additional rights being sought as well. The Court of Appeal held that a right to survey was embraced within the right under paragraph 3(d) of the Code, and that there was no need for rights to be sought on a final basis. Written by Oliver Radley-Gardner, who acted as junior counsel for the respondent.

• Oliver Radley-Gardner KC

Mast on rural site raises questions over operators and site providers’ rights (Cornerstone Telecommunications Infrastructure Ltd v Keast)

Oliver Radley-Gardner discusses the case of Cornerstone Telecommunications Infrastructure Ltd v Keast that deals with several practical aspects of the new Electronic Communications Code (Code).

• Oliver Radley-Gardner KC

The Art of the possible: changing lease terms on renewal

Absent agreement, when can a landlord or a tenant under a commercial lease secure a variation of their existing lease terms on a renewal under the Landlord and Tenant Act 1954?

• Oliver Radley-Gardner KC

Communications Breakdown

What has the new Electronic Communications Code got in store?

• Oliver Radley-Gardner KC

The Proposed Electronic Communications Code

An overview and a look at some of the likely issues

• Oliver Radley-Gardner KC

To Air B & B or not to Air B & B

• James Tipler

Property Law Update

May 2016.

• Oliver Radley-Gardner KC

Human Rights and Property Litigation

This talk introduces practitioners to some of the concepts that they will need to be familiar with when dealing with human rights under the European Convention on Human Rights (“ECHR”) as incorporated into our domestic law by the Human Rights Act 1998 (“HRA”).

• Oliver Radley-Gardner KC

When Service Charges Attack

This paper is intended to suggest some coping strategies for those of us who must, from time to time, untangle service charge disputes.

• Oliver Radley-Gardner KC

Endeavouring to avoid dispute

Commercial Parties Contract to use ‘reasonable’, ‘all reasonable’, or ‘best’ endeavours to achieve an outcome. Are they wise to do so? What better language could they use?

• Oliver Radley-Gardner KC

Getting the breaks

In the context of any company restructuring or reorganisation, the presence of a break clause in one of the company’s leases is a valuable thing indeed.

• Jonathan Small KC

The Law of Unintended Consequences

The Rule in Re: Hastings-Bass Reconsidered

• Oliver Radley-Gardner KC

Service Charge Machinery: The Role of an Expert

Talk to PBA October 2013

• Oliver Radley-Gardner KC

Life After Benson

The effect of Daejan Investments Limited v Benson

• Oliver Radley-Gardner KC

Compulsory Purchase: Recent Decisions

The paper sets out those recent cases which may be of general assistance to practitioners, covering the period June 2010 – June 2011

• Oliver Radley-Gardner KC

Some things you might not know about the Electronic Communications Code

Some things you might not know about the Electronic Communications Code, but were too busy to ask

• Oliver Radley-Gardner KC

Beyond Stack v Dowden

Beyond Stack v Dowden. In-House Seminar Series, April 2009

• Oliver Radley-Gardner KC

Appointment of a Manager and the Right to Manage

In-House Seminar Series, January 2009

• Guy Fetherstonhaugh KC

Lease v Licence and Radio Access Networks

RICS Telecoms Forum, 19th November 2009

• Guy Fetherstonhaugh KC