Episodes
Thursday Feb 01, 2024
On the Case: The Building Safety Act bites in Olympic Village dispute
Thursday Feb 01, 2024
Thursday Feb 01, 2024
Jess Harrold is joined by Rebecca Francis, associate director at Osborne Clarke, to discuss the most significant decision yet under the Building Safety Act 2022: Triathlon Homes LLP v Stratford Village Development Partnership and others, involving remediation of cladding that poses a fire safety risk at five residential blocks in the former Olympic Village in east London.
Francis talks through the various parties involved and the remediation contribution order applied for, and explains how the First-tier Tribunal made its decision on where the responsibility for footing the bill for remediation works should lie.
According to Francis, the decision really "shines a light" on the importance of the 2022 Act and its implications may come as a "bit of a shock" in particular for building owners and landlords that were not involved in the construction of a relevant building.
Monday May 20, 2019
On the Case: Supreme Court rules on rateable value
Monday May 20, 2019
Monday May 20, 2019
Roger Cohen, partner at Bryan Cave Leighton Paisner, returns to the EG studio, joining deputy legal & professional editor Jess Harrold to discuss the Supreme Court ruling in Hewitt (VO) v Telereal Trillium [2019] UKSC 23; [2019] PLSCS 90 - where a Blackpool office block that has been empty for a decade was found nevertheless to have a rateable value of £370,000.
Cohen explains the Supreme Court judgment and the importance of "general demand" when it comes to calculating rateable value - as well as considering the implications of the decision for property owners.
Thursday May 21, 2020
On the Case: Supreme Court rules on rating of supermarket ATMs
Thursday May 21, 2020
Thursday May 21, 2020
EG's deputy legal & professional editor Jess Harrold is joined by John Webber, head of rating at Colliers International, and Catherine Dear, an associate at Irwin Mitchell, to discuss the eagerly-awaited Supreme Court ruling in Cardtronics Europe Ltd and others v Sykes (VO) and others [2020] UKSC 21; [2020] PLSCS 95 - finally providing a definitive answer to the question whether ATMs in supermarkets and convenience stores should be rated separately.
Webber and Dear discuss the long history of the case, how the Supreme Court approached the matter, the huge number of sites potentially affected - and the massive sums riding on the outcome.
Wednesday May 13, 2020
On the Case: What the Supreme Court ruling in Duval means for lease covenants
Wednesday May 13, 2020
Wednesday May 13, 2020
Joanne Wicks QC and Emer Murphy of Wilberforce Chambers discuss the significance of the Supreme Court judgment in Duval v 11-13 Randolph Crescent Ltd with EG's deputy legal and professional editor, Jess Harrold.
Wicks and Murphy, who represented the appellant landlord in the case, discuss the court's reasoning, the wider application of the ruling and the issues it will raise for landlords and tenants of blocks of flats. In addition, they address how practitioners may adapt their lease drafting moving forward.
Tuesday Apr 14, 2020
On the Case: Enfranchisement and LM Homes
Tuesday Apr 14, 2020
Tuesday Apr 14, 2020
Kerry Glanville, partner at Cripps Pemberton Greenish, analyses the recent Court of Appeal decision in LM Homes v Queen Court Freehold Company [2020] EWCA Civ 371; [2020] PLSCS 41 - a case which raised the question whether airspace above and subsoil below a building falls within "common parts" for the purposes of the enfranchisement legislation in the Leasehold Reform, Housing and Urban Development Act 1993.
Glanville explains the court's decision and why she believes it is a significant case.
Wednesday Mar 25, 2020
On the Case: Rights of light in Beaumont v Florala
Wednesday Mar 25, 2020
Wednesday Mar 25, 2020
Barrister Andrew Francis, of Serle Court Chambers, the co-author of Rights of Light: The Modern Law discusses the High Court's decision in Beaumont Business Centres Ltd v Florala Properties Ltd [2020] EWHC 550 (Ch); [2020] PLSCS 45 - a very significant judgment for the field.
Francis addresses the nature of the dispute, what the judge decided and the implications for landowners and developers - as well as how practitioners should best advise clients, post-Beaumont v Florala.
Thursday Feb 27, 2020
On the Case: The Tate Modern appeal, overlooking and nuisance
Thursday Feb 27, 2020
Thursday Feb 27, 2020
James Souter and Megan Davies, of Charles Russell Speechlys, join EG's Jess Harrold to discuss the Court of Appeal's decision in the high-profile case Fearn and others v Board of Trustees of Tate Gallery [2020] EWCA Civ 104; [2020] PLSCS 22 - which effectively closes the door on nuisance claims for overlooking.
Souter and Davies take the positions of the Neo Bankside residents and the Tate Modern respectively, addressing the key arguments before the Court of Appeal, explaining the court's findings, and debating whether the correct decision was reached.
In addition, they discuss the potential for the case to go to the Supreme Court.
Thursday Dec 05, 2019
On the Case: What Finney means for section 73 and planning
Thursday Dec 05, 2019
Thursday Dec 05, 2019
Karen Cooksley, head of the planning department at Winckworth Sherwood, joins EG's Jess Harrold in the Studio to discuss the recent Court of Appeal ruling in Finney v Welsh Ministers and others [2019] EWCA Civ 1868; [2019] PLSCS 211.
The effect of the court's decision is that it is no longer lawful for local planning authorities to use powers under section 73 of the Town and Country Planning Act 1990 to amend the description of development on a planning permission.
Cooksley explains how section 73 was one of the major areas of flexibility in the planning system, frequently used to amend conditions attached to permissions after they had been granted - and why this decision in a case involving wind turbines will have major ramifications for housing developers and local authorities.
Tuesday Nov 26, 2019
On the Case: Forfeiture after Manchester Ship Canal
Tuesday Nov 26, 2019
Tuesday Nov 26, 2019
Matthew Bonye, head of real estate dispute resolution and Alice Dockar, partner in the transactional real estate team, both at Herbert Smith Freehills LLP, join EG's Jess Harrold in the studio to discuss the implications of the recent Supreme Court decision in Vauxhall Motors Ltd (formerly General Motors UK Ltd) v Manchester Ship Canal Co [2019] UKSC 46;
[2019] EGLR 51.
Bonye and Dockar address the law of forfeiture, how relief from forfeiture works and how the court's decision to allow relief in relation to a licence means the text books will have to be rewritten. In addition, they employ a case study to explain how the ruling might apply in a more conventional development scenario - as well as exploring potential other situations.
Tuesday Nov 12, 2019
On the Case: A question of reasonableness
Tuesday Nov 12, 2019
Tuesday Nov 12, 2019
Jess Harrold joins Anna Favre, partner at Cripps Pemberton Greenish, to discuss the Supreme Court ruling in Sequent Nominees Ltd (formerly Rotrust Nominees Ltd) v Hautford Ltd [2019] UKSC 47; [2019] PLSCS 205 - in which the court ruled that a landlord's refusal of consent for its tenant to submit planning application for residential use was "reasonable".
Favre outlines the background of the case, analyses the court's decision - and explains why she found it so surprising. In addition, she addresses the potential significance of the case for landlords and tenants in the future.