(1) Thurrock Council (2) Essex County Council v Persons Unknown & Ors
Caroline Bolton and Natalie Pratt were instructed on behalf of Thurrock Council and Essex County Council and secured urgent injunctive relief on 24 April 2022 to restrain acts (and also apprehended acts) of trespass and public nuisance on the highway, which had occurred in connection with recent anti fossil fuel protests linked to the Just […]
Video: Untangling encroachment and adverse possession (Radcliffe talks Real Estate)
In this Radcliffe talks Real Estate webinar, Edward Hicks explores the doctrine of encroachment by which tenants may obtain rights in their landlord’s or third party land beyond the extent of the demised premises, in particular in the context of a cynical land grab by the tenant. The discussion includes: How the doctrine generally operates […]
Government pilot scheme testing digital tools in planning processes – a welcomed change? – Article by Clive Moys
Clive Moys was invited by Property Week to discuss the digital pilot scheme, announced by the Government, to test the use of digital tools in the planning process. Is this a welcomed change for a discipline often seen as archaic? Subscribers can read the piece here.
Isle Investments v Leeds City Council – Article by Clive Moys
Non-domestic rates (aka business rates) payable by “the owner” of empty property is both topical and hotly contested. Schemes to avoid or mitigate empty property rates abound. Clive Moys’ article Shams, snails and empty property rates, first published in the Institute of Revenues Rating and Valuation Valuer magazine (June edition) considers the recent important billing […]
LB Barking and Dagenham & Ors v Persons Unknown & Ors [2021] EWHC 1201 (QB)
On 12 May Nicklin J handed down judgment in LB Barking and Dagenham & Ors v Persons & Ors [2021] EWHC 1201 (QB), in which Traveller Injunctions and the issue of whether final injunctions against Persons Unknown bind only the parties to the proceedings and not ‘newcomers’ was considered. Caroline Bolton and Natalie Pratt appeared […]
Video: Boundary Determination under s 60 of the Land Registration Act 2002 Radcliffe talks Real Estate
In this Radcliffe talks Real Estate webinar Simon Williams is in conversation with boundary surveyor Carl Calvert FRICS about the pros and cons of applying for a determined boundary from both the legal and surveying points of view, and about alternative means of resolving boundary disputes. Radcliffe talks Real Estate is a series of short […]
Video: Planning matters for property lawyers in a post-pandemic world (Radcliffe talks Real Estate)
The needs and requirements of owners, occupiers, developers and investors in the Real Estate sector have changed as result of the pandemic. As we emerge into the new world, intent on building back better, it is important that property lawyers appreciate and understand the interface of the property world with the evolving planning system. This […]
Favourite Cases: Bernstein v Skyviews – Article by Catherine Doran
One of Catherine Doran‘s favourite cases is Bernstein v Skyviews, a 1970s dispute concerning trespass to airspace and privacy, which involves issues relevant to the current debate on drone use. Catherine says: “I have chosen this case that many will remember from their legal studies because we see 20th Century technology colliding with 13th Century […]
Borwick Development Solutions Ltd v Clear Water Fisheries Ltd [2020] EWCA Civ 578
The Court of Appeal has given judgment in Borwick Development Solutions Ltd v Clear Water Fisheries Ltd [2020] EWCA Civ 578, in which Nathan Wells appeared for the successful Appellant/Defendant. The case arose from a sale by receivers of a commercial fishery in Lancashire which belonged to the Respondent (BDSL). The fishery included nine gravel […]
Video: Rating and valuation
