Articles

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

Stephen Jourdan KC and Taylor Briggs review the very recent Celestial Aviation decision and discuss its implications for the situation where there is a sanctioned tenant and a non-sanctioned guarantor.

• Stephen Jourdan KC
• Taylor Briggs

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.