Articles

In this series of articles, we aim to highlight 3 of the most interesting cases in our field decided in the past month. This month, we’ve selected two Court of Appeal cases on partnership and conjoining multiple claims respectively, and a High Court case about the right to buy.

• Stephanie Tozer KC
• Fern Schofield

The Building Safety Act 2022 has reconstructed the law on fire safety and structural issues for higher blocks of residential flats. A group of Falcon Chambers barristers have studied the Act, analysed how it has been interpreted in courts and tribunals thus far, and have first-hand experience of BSA cases. In this series of articles Paul Letman, Catherine Taskis KC, Cecily Crampin, Camilla Chorfi, Julia Petrenko, Daniel Black, Kavish Shah, Asphen Rajah and Richard Miller set out key issues of which property law practitioners should be aware under the BSA 2022.

• Cecily Crampin

In this series of articles, we aim to highlight 3 of the most interesting cases in our field decided in the past month. This month: tenancy deposit protection, the scope of the right to manage, and an unusual possession claim. Readers may also be interested in the summaries of other cases prepared by our colleagues this month: there are updates about rights of first refusal, the extent of ‘the holding’ under the Landlord and Tenant Act 1954, and applications to modify covenants under s.84 Law of Property Act 1925.

• Fern Schofield

Many landlord and tenant cases involve expert evidence and the majority of independent experts act impeccably. In a recent case involving a business lease renewal and another involving dilapidations, judges have, however, found significant cause to criticise experts for their failure to understand the scope of their duties and role. The consequences were serious for those concerned. A salutary reminder of the critical importance of compliance with CPR Pt 35 for all those instructing and instructed.

• Janet Bignell KC

In this series of articles, we aim to highlight 3 of the most interesting cases in our field decided in the past month. This month: the Upper Tribunal’s jurisdiction to set aside an order purportedly modifying leasehold covenants; the Court of Appeal on whether a joint tenancy or tenancy in common is to be presumed when land is bought for business purposes; and the Upper Tribunal on 2 aspects of the Electronic Communications Code, which casts doubt on the position adopted in some texts about the 1954 Act.

• Stephanie Tozer KC
• Fern Schofield