‘A High Court judge has issued a quashing order after Southwark Council conceded that its decision to grant permission for an infill development on a London council estate breached national planning policy.’
Local Government Lawyer, 28th March 2025
Source: www.localgovernmentlawyer.co.uk
‘Although the resulting trust has played a lessening role as an appropriate mechanism for determining beneficial ownership of the family home, recent case law has seen a re-emergence of the doctrine in cases involving the purchase of property as a business venture or investment. Significantly, in these cases, the courts have ruled out a holistic or broad brush approach (taking into account a range of factors) in assessing the parties equitable shares in favour of a purely mathematical calculation based on the parties’ respective financial contributions towards the purchase price. This approach, however, will not necessarily apply in all cases involving investment property as the Privy Council decision in Marr v Collie [2018] AC 631 has demonstrated. Much will still turn on the parties’ common intention in deciding whether to apply a resulting trust solution or, alternatively, an approach based on constructive trust principles. Apart from the investment context, it is now also clear that the resulting trust will be the preferred option where there is a lack of close relationship between the parties. Here too, the courts have excluded the determination of beneficial ownership under a common intention constructive trust and applied an arithmetical calculation of the parties’ respective beneficial shares despite the domestic context of the transaction.’
Trusts & Trustees, 19th March 2025
Source: academic.oup.com
‘Michael Grant and Matthew Timm explore the law relating to “fitness for human habitation” and the court’s approach to damages.’
Local Government Lawyer, 21st March 2025
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal upheld HHJ Saggerson’s decision on a section 204 appeal in the County Court that where an applicant requests a review on suitability under Part VII of the 1996 Act, the review officer is not obliged to anticipate and consider what further duty (if any) may be owed to the applicant without a request for a review on that basis.’
4-5 Gray's Inn Square, 21st March 2025
Source: www.4-5.co.uk
‘A retired couple who say a 19-storey office tower is blocking the light in their £1m apartment next to the Thames are suing in a case which could see the £35m building demolished.’
The Independent, 19th March 2025
Source: www.independent.co.uk
‘Home secretary Yvette Cooper acted unlawfully in housing three asylum seekers at a “prison-like” former RAF base, the High Court has found.’
The Independent, 14th March 2025
Source: www.independent.co.uk
‘In the London Borough of Redbridge v G (Romford County Court, 5 February 2025), a series of unusual events lead to an assured shorthold tenant becoming a secure tenant.’
Doughty Street Chambers, 10th March 2025
Source: insights.doughtystreet.co.uk
‘New rules on compulsory mediation could have a major impact on social landlords, writes Ibrar Hussain.’
Local Government Lawyer, 14th March 2025
Source: www.localgovernmentlawyer.co.uk
‘A county court appeal in a tenancy deposit penalty claim, which is both a catalogue of ‘you don’t want to do it like that’, and has a significant point on the operation of section 48 Landlord and Tenant Act 1987.’
Nearly Legal, 12th March 2025
Source: nearlylegal.co.uk
‘Councils and mayors will be granted greater powers to seize land to build affordable housing under the Labour government’s shake-up of planning rules this week. Local authorities in England and Wales will no longer need permission from central government to make compulsory purchase orders (CPOs), in a change that ministers hope will unlock vacant and derelict land.’
The Guardian, 10th March 2025
Source: www.theguardian.com
‘The UK government has outlined plans to ban the sale of new leasehold flats in England and Wales in a move designed to embed a new commonhold model into the property market.’
OUT-LAW.com, 6th March 2025
Source: www.pinsentmasons.com
‘The landlords of a “grossly overcrowded” east London flat where a man died after an ebike battery started a fire have been fined almost £100,000 after pleading guilty to nine housing law breaches.’
The Guardian, 6th March 2025
Source: www.theguardian.com
‘Home buyers in England and Northern Ireland will pay more stamp duty after 1 April, when two key thresholds are reduced.’
BBC News, 6th March 2025
Source: www.bbc.co.uk
‘A local objector to Gwynedd Council’s policy on planning for holiday homes has won the right to take the authority to judicial review after a judge said he was “just persuaded” this was the right course.’
Local Government Lawyer, 5th March 2025
Source: www.localgovernmentlawyer.co.uk
‘Members of the Cornerstone Barristers Housing Team set out key takeaways from three important decisions from the Court of Appeal clarifying the interaction between local authorities’ obligations under the Housing Act 1996 and social care legislation.’
Local Government lawyer, 4th March 2025
Source: www.localgovernmentlawyer.co.uk
‘The Government has today taken forward recommendations by the Law Commission in its Commonhold White Paper.’
Law Commission, 3rd March 2025
Source: lawcom.gov.uk
‘The housing minister has promised to abolish the centuries-old leasehold system in England and Wales before the end of this parliament, as the government takes the next steps towards an outright ban on new leasehold developments.’
The Guardian, 3rd March 2025
Source: www.theguardian.com
‘The Supreme Court considered para 5(4) to Schedule 6 Land Registration Act 2002 on the requirements for an application for registered title through adverse possession of land adjoining the applicant’s land.’
Nearly Legal, 2nd March 2025
Source: nearlylegal.co.uk
‘In a judgment giving guidance on the approach to be taken to Care Act 2014 assessments, the High Court has distinguished between “provision of care and support for which a home is needed” and “provision which a home would need so as to be equipped for the relevant person”, holding that the former can trigger a duty to accommodate under the Care Act 2014 whereas the latter cannot.’
Local Government Lawyer, 28th February 2025
Source: www.localgovernmentlawyer.co.uk
‘Tenants of flats were given the right to have a manager appointed, to take over the landlord’s management of the building in which the flats were situated, in the Landlord and Tenant Act 1987 but only if they could prove fault on the part of the landlord or managing agents. In order to make it easier for the tenants to wrest control of the management of the building from their landlord, the Commonhold and Leasehold Reform Act 2002 (CLRA 2002) gave the tenants of flats the right to have the management of the building transferred to a company controlled by them as of right, without having to prove any default on the part of the landlord.’
Tanfield Chambers, 24th January 2025
Source: tanfieldchambers.co.uk
© Inner Temple Library 2025