Top 3 Cases March 2025
This month, unusually, two County Court decisions (on Landlord and Tenant Act 1954 s 30(1)(f) and on the terms of relief against forfeiture), as well as an Upper Tribunal decision the correct approach to challenging improvement notices.
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Top 3 Cases February 2025
This month: two Supreme Court decisions, on whether merger occurs when a declaratory judgment in made and the reasonable belief that needs to be shown when an adverse possession claim is made, and an important Electronic Communications Code case relating to grounds of opposition.
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Top 3 Cases January 2025
2025 begins with deemed service, what is a ‘building’, and early resolution of a complex possession action.
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Top 3 Cases December 2024
The cases selected for December 2024: limitation for constructive trusts, repudiation of a lease, and the correct parties to Code renewal and termination claims.
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Top 3 Cases November 2024
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.
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Top 3 Cases October 2024
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.
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Top 3 Cases September 2024
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.
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The ABCs of overage - article for the New Law Journal
In an article for the New Law Journal, Fern Schofield and Michael Ranson set out the various means of securing overage obligations.
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Top 3 Cases August 2024
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.
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Top 3 Cases July 2024
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.
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Top 3 cases April 2024
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.
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Top 3 cases March 2024
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.
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Top 3 Cases - February 2024
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.
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Top 3 Cases January 2024
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.
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Top 3 Cases December 2023
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.
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Top 3 Cases November 2023
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.
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Top 3 Cases - October 2023
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.
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Top 3 Cases August 2023
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.
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Top 3 Cases July 2023
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.
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Top 3 Cases June 2023
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.
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Top 3 Cases May 2023
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.
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Top 3 Cases April 2023
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’.
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Top 3 Cases - March 2023
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.
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Top 3 Cases - December 2022
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 scope of the jurisdiction to grant relief from forfeiture; an injunction relating to mooring rights; and the requirement of detrimental reliance in establishing a common intention constructive trust.
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CODE RENEWALS – PART 5 PRACTICE AND PROCEDURE POST-On Tower UK Ltd v AP Wireless II (UK) Ltd [2022] UKUT 152(LC)
The Upper Tribunal is now routinely sending telecoms site renewals issued under Part 5 of the Code over to the First-tier Tribunal (“the FTT”) in Birmingham. A high-volume of cases are being transferred in this way, prior to the first CMH. James Tipler and Fern Schofield have provided a summary below.
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Fourth Falcon Chambers Telecoms Newsletter
The intention of this newsletter – with each edition co-edited by two members of chambers, one who acts primarily for site providers and one who acts primarily for operators – is to provide insights three or four times a year into developments in the telecoms world of interest to solicitors, agents and surveyors.
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‘Writ the ground running’: Updates to the regime for enforcing possession orders
As the coronavirus crisis abates, and the general stay on possession proceedings imposed originally by PD 51Z and later CPR r.55.29 comes to an end on 23 August, claimants who have obtained possession orders, or obtain them soon after, will soon be able to enforce them. Cecily Crampin and Fern Schofield discuss in their latest article.
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Termination of a code agreement by operators
In this article Wayne Clark and Fern Schofield examine the continuation of a Code agreement falling within the terms of the Electronic Communications Code (“the Code”) and the ability of an operator to terminate it permanently, such that the agreement may be treated as at an end at the specified break date without any ongoing continuation of the operator’s contractual liability.
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Top 3 Cases - March 2022
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 opted for cases on: cause of action estoppel, champerty, and the requirement for detrimental reliance for common intention constructive trusts.
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Fratton Way v Aviva Investors Ground Rent [2020] UKUT 111 (LC)
Cecily Crampin and Fern Schofield on the apportionment UT(LC) case Williams v Aviva. Way v Aviva Investors Ground Rent [2020] UKUT 111 (LC).
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‘Play nicely, children’: Cabinet Office guidance on responsible contractual behaviour during the pandemic
On 7 May 2020, the Cabinet Office released ‘Guidance on responsible contractual behaviour in the performance and enforcement of contracts impacted by the Covid-19 emergency’. This non-statutory guidance encourages ‘responsible and fair behaviour’ by all parties where the performance of contracts is materially affected by the coronavirus pandemic. Fern Schofield has produced a short note.
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“Almost as of course”? Injunctions restraining trespass, the stay on possession claims and the decision in University College London Hospitals NHS Foundation Trust v MB
Thomas Rothwell and Fern Schofield on Injunctions restraining trespass, the stay on possession claims and the decision in University College London Hospitals NHS Foundation Trust v MB.
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Operators and occupiers—rights under the Electronic Communications Code (Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd)
Property Disputes analysis: The Court of Appeal endorsed the test proposed by the Upper Tribunal that an occupier for code purposes is ‘a question of fact rather than legal status; it means physical presence on and control of the land.’ Fern Horsfield-Schonhut, explains why the decision is of practical importance for operators seeking new code rights.
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