May 2014 #321 – Law Journals

Easements: Standing up for your rights

Emma Humphreys assesses some recent cases involving rights of way disputes ‘The test of an actionable interference is whether it is reasonable for the grantee to insist on continuing to use the whole of the easement they have contracted for.’ A person whose property has the benefit of express rights granted in a conveyance may …

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Construction Focus: Dicing with procedural death

John Starr reviews a case highlighting the importance of complying with any court procedures in construction cases ‘We are all aware from the alarming recent Court of Appeal decision in Mitchell [2013] that the courts are becoming increasingly ruthless in their strict application of the CPR.’ The opening words in the recent Technology and Construction …

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RICS Draft Private Rented Sector Code: A positive step towards tenant empowerment?

Joanne Shaw discusses the salient features of the draft Code, focusing on those that are likely to be the most onerous to landlords and managing agents ‘One of the aims of the Code is to provide tenants with long-term, sustainable and quality housing coupled with an underlying tone that landlords and managing agents should seek …

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Planning And Environment Update: NPPF – two years in

Paul Weeks analyses whether the NPPF, two years after its introduction, has achieved its aims ‘In short, planning by appeal is alive and well, and continues to take decisions even further away from the local community while at the same time undermining the government’s objective of a simpler, faster and more efficient planning system.’ The …

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Manorial Rights: Protection and challenge

Robert Phillips and Rebecca Rees look at the potential value of manorial rights and the requirements to protect them ‘Any rights not registered in time have not disappeared, but anyone purchasing land for value now will acquire the land free of any rights, which may have existed if those rights were not appropriately registered.’ The …

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Development Disputes: Injunctions post-Coventry v Lawrence

Douglas Rhodes considers the wide-ranging implications for property developers of the Supreme Court’s decision in Coventry v Lawrence ‘Led by Lord Neuberger, the Supreme Court unanimously decided that it was “quite simply wrong in principle” to apply the Shelfer test in a mechanical fashion and found that a much more flexible approach was necessary.’ Courts …

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Consent To Sublet: ‘Respectable and responsible’ tenants

Charlotte Ross examines a recent Scottish case regarding the refusal of consent to a proposed subletting, and looks at how the English courts would have decided the issues ‘It was held that evidence of “respectability” and “responsibility” should relate to the proposed sub-tenant itself. It was not sufficient to show that group companies, or the …

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