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UK Supreme Court warns developers: ignore public parks at your peril

In their recent Judgment in R (on the application of Day) v Shropshire, the UK Supreme Court decided that public rights over local authority land – which was later discovered to be a...


UK law of nuisance: A knotty problem

In Davies v Bridgend County Borough Council, the Court of Appeal of England and Wales has reaffirmed that encroachment of Japanese knotweed onto neighbouring land can amount to a nuisance...


Real Estate litigation trends 2023

2023 has already been a busy year for real estate litigation, with 3 Supreme Court decisions in as many weeks.


UK Supreme Court closes “Pandora’s Box” limiting court jurisdiction on residential service charge

In their judgment this week in the case of Aviva Investors Ground Rent GP Limited v Williams, the Supreme Court has curtailed the First Tier Tribunal’s jurisdiction to intervene in...


What a nuisance! UK Supreme Court widens private nuisance to include “overlooking”

The Supreme Court has given its judgment in Fearn and others v Tate, and has widened the law on private nuisance to include being “overlooked” for the first time.


UK Insolvency: Sticking to the plan

Before the pandemic, a popular way for businesses to cut their operational costs was through a company voluntary arrangement. In the space of a few years, a long line of retailers and other ...


UK CVAs: Draining the swamp

How do you improve the image of company voluntary arrangements? Start by reforming the voting rules.


UK COVID-19: Tenants are now out of time to trigger the arbitration scheme on COVID arrears

The Commercial Rent (Coronavirus) Act 2022, which came into force on 24 March 2022, introduced a binding arbitration scheme to deal with arrears of commercial rents which accrued during the ...


UK company voluntary arrangements: 10 key takeaways for property owners from government research

The company voluntary arrangement (CVA) is an insolvency process that has raised significant concern amongst commercial property owners in recent years about their use by tenant companies...

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