Articles

With change finally on the horizon, Julia Petrenko and Ashpen Rajah outline the long overdue case for reforming the Landlord & Tenant Act 1954.

• Julia Petrenko
• Ashpen Rajah

Jamie Sutherland and Imogen Dodds consider the respective scope of the Party Wall etc Act 1996 & the common law

• Jamie Sutherland
• Imogen Dodds

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

How much is too much? When is use of a right of way excessive? The issue “Alteration of property use and increase in traffic over rights of way are common causes of neighbour disputes … [A typical issue is] would the increased intensity of use exceed what is reasonably tolerable and amount to an actionable nuisance?” Thompson v Bee [2009] EWCA Civ 1212 per Mummery LJ @ [1].

• Martin Dray

The Civil Procedure Rules Committee has published a preview of the (draft) rules and practice directions which are likely to herald a significant expansion of fixed recoverable costs (FRC) in civil litigation. The new system is multi-layered and contains an elaborate amount of detail. It will certainly need close studying by practitioners

• Martin Dray