This month Fern Schofield looks at three cases that involve: procedure in the First-tier Tribunal, strike out of a dishonest assistance claim, and the general boundaries rule.

• Fern Schofield

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: costs in the First-tier Tribunal, variation of possession orders, and assessment of evidence on appeal.

• Stephanie Tozer KC
• Fern Schofield

This month: the interplay between possession and insolvency proceedings; issuing a claim without naming a defendant; and how periodic tenancies creating Code rights can be brought to an end. The cases are: Carvill-Biggs v Reading [2024] EWCA Civ 1005, Hughes Family Property Co Ltd v No Defendant [2024] EWHC 2288 (Ch), On Tower UK Limited v AP Wireless II (UK) Limited LC–2023–000852 and others.

• Stephanie Tozer KC
• Fern Schofield

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: when a common intention constructive trust prevails over an express declaration; errors in the right to manage procedure; and strike out for abuse of process.

• Fern Schofield

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: nuisance and sewage undertakers; the scope of strike out for abuse of process; and break clauses and consideration under the Electronic Communications Code.

• Stephanie Tozer KC
• Fern Schofield

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: misrepresentations and the 1954 Act; permission to appeal against an arbitrator’s award; and the ‘but-for’ causation test.

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

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

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 cover cases about whether time is of the essence for paying a deposit when exercising an option to extend a lease; how to determine what forms part of the ratio of a case in the context of the reasonable belief required to establish adverse possession; and the iniquity exception to legal professional privilege.

• Stephanie Tozer KC
• Fern Schofield

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: time limits on appeal, cynical breach of restrictive covenants, and limitation periods for breach of statutory duty under FSMA.

• Fern Schofield

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: when new points can be raised on appeal, compliance with tenants’ rights of first refusal, and the costs of dispensing with consultation requirements in the context of the Building Safety Act.

• Stephanie Tozer KC
• Fern Schofield

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 have picked two cases under the 1954 Act, and one on rent repayment orders.

• Stephanie Tozer KC
• Fern Schofield

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 a pair of cases from the Supreme Court and Privy Council on the scope of arbitration agreements and bifurcation, and one from the Upper Tribunal on service charges.

• Stephanie Tozer KC
• Guy Fetherstonhaugh 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, we’ve selected cases from the Privy Council on adverse possession; the Upper Tribunal on modification of restrictive covenants; and the County Court on the cheque rule.

• Stephanie Tozer KC
• Fern Schofield

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 Court of Appeal have been busy and we were spoilt for choice! We’ve selected cases on concurrent leases under the telecoms Code, receivership, and the ability to challenge a decision by the Upper Tribunal to refuse permission to appeal from the First-tier Tribunal.

• Stephanie Tozer KC
• Fern Schofield

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: abusive attempts to subvert possession proceedings, challenges to the register of common land, and numerous issues arising from an injunction excluding a landlord from a property.

• Martin Dray
• Fern Schofield

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: costs of arbitrations in the Upper Tribunal, and two interesting decisions on adverse possession.

• Tamsin Cox
• Fern Schofield

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: costs of proceedings to determine breach of covenant; the limits of Upper Tribunal’s jurisdiction under s.84, and the meaning of ‘live/work’.

• Kester Lees KC
• Fern Schofield

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 Supreme Court on statutory interpretation and the Court of Appeal on party walls and summary assessments of costs.

• Stephanie Tozer KC
• Fern Schofield

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: knotweed and nuisance, freehold valuation, and an injunction against urban explorers.

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 cover three cases from the Court of Appeal, concerning contractual construction and solicitors’ duties of care.