May 2013 #309 – Law Journals

Easements By Prescription: Just what the doctrine ordered

European Urban St Pancras 2 Ltd v Glynn confirms that a right to park cars on land can be a legal easement. Nikolas Ireland examines the case. ‘The facts of this case illustrate how important it is for purchasers to inspect fully the land they are buying and raise all necessary enquiries to establish there …

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Bribery Act: Common sense required

Ben Holt reviews the impact of the Bribery Act two years on ‘The Act gives the UK probably the most stringent bribery and anti-corruption legislation in the world.’ It has now been almost two years since the Bribery Act 2010 came into force. While the Act must clearly be taken very seriously, its application in …

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Case Round-Up

Paul Tonkin summarises recent case law Notices served under the Party Wall Act are deemed to have been received when they would arrive in the normal course of post Freetown Ltd v Assethold Ltd [2012] Freetown and Assethold owned neighbouring buildings in London. Freetown served notices on Assethold under the Party Wall etc Act 1996 …

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Collective Enfranchisement: When is a flat not a ‘flat’?

In Smith v Jafton Properties the court considered whether four self-contained flats used for short-term residential serviced accommodation were ‘flats’ and ‘occupied for residential purposes’. Leigh Shapiro investigates. ‘Although the 1967 Act and the 1993 did have common themes and probably a common origin, they are independent of each other. HHJ Hand was of the …

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Jackson Reforms: One size fits all?

Simon James and Bryan Johnston consider what the Jackson reforms mean for property litigation ‘In the post-Jackson world, the claimant must pay any success fee out of its recoveries. The claimant therefore has an interest in both the level of its costs and in the resulting economics of the claim.’The Jackson reforms came into force …

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Construction Focus: Should parties be forced to mediate?

Cuts to legal aid encourage wasteful actions by litigants in person over boundary and other disputes. John Starr discusses ‘With legal aid becoming ever less available, the number of litigants in person will increase – inevitably resulting in increased cost and delays in the already over-stretched court service, not to mention the increased frustration felt …

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