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: 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

Toby Boncey’s case note on Redrow v Secretary of State for Levelling Up, Housing and Communities [2024] EWCA Civ 651 considers the Court of Appeal’s approach (in the context of a judicial review of a decision made prior to the deed of bilateral contract) to the question of the steps applicants need to have taken before BSA funding could be approved.

• Toby Boncey

Catherine Taskis KC discusses remediation orders under s.123 of the Building Safety Act 2022 in light of the recent First-tier Tribunal decision in Secretary of State for Levelling Up, Homes and Communities v Grey GR Limited Partnership CHI/00HN/HYI/2023/0008: The Chocolate Box, Bournemouth.

• Catherine Taskis KC

On 28 June 2024, the Court of Appeal handed down Judgment in Houssein & Ors v London Credit Limited & Anr [2024] EWCA Civ 721, an appeal concerning penalties, the interpretation of a facility letter, and costs orders following trial. Gary Cowen KC and Edward Blakeney, with Alexander Hutton KC, instructed by Hugh Cartwright & Amin, acted for the successful Appellants.

• Gary Cowen KC
• Edward Blakeney