This section of the site contains articles, case reports and other material written by our expert team of highly experienced and knowledgable barristers, solicitors and legal commentators, with links to the original sources where available.
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This article is adapted from a talk given by Timothy Polli KC and Katie Gray on 7 February 2024 Introduction Remediation Contribution Orders (“RCOs”) were introduced by the Building Safety Act 2022 (“the BSA”). This article explores how the jurisdiction to...
Hugh Rowan, Barrister, and Sam Madge-Wyld explore the application of the BSA 2022 to mixed-use buildings, concentrating on defining Higher-Risk Buildings (HRBs) and excluded properties. They tackle the complexities of identifying HRBs, including height, occupancy, and...
Andrew Butler KC delves into the extension of time limits for building safety claims under Section 135 of the Building Safety Act 2022, covering issues like defective premises and building regulations. He highlights the retrospective nature of the law, enabling...
Ian Quayle discusses Clemente v Mindmere Ltd (Rev1) [2024] which concerned an appeal on a determination of reasonableness of an administration charge. The landlord had brought a money claim for unpaid service charges and ground rent (the claim expressed as being with...
Property Law UK’s Managing Editor, Ian Qualye, dives into the pages of Business Premises: Possession and Lease Renewal, offering a compelling critique of Gary Webber and Daniel Dovar's authoritative guide on the subject. It is rather apt after an enjoyable but busy...
Ian Quayle considers the case of Bradley & Anor v Abacus Land 4 Ltd [2024] which concerned an examination by the Upper Tribunal of reasonableness in the context of service charge and what was meant by acting rationally as required by a residential lease. ...
Ian Quayle considers another case before the Upper Tribunal where consideration was given as to whether an application to modify a restrictive covenant under S85(1)(aa) LPA 1925 was considered. The unusual feature of the case was that the applicant provided the Upper...
Sarah Thompson-Copsey examines a recent case under Part 2 of the Landlord and Tenant Act 1954. The case addresses opposition on redevelopment ground, specifically s30(1)(f): the landlord’s intention, the extent of the works, and the concept of "holding." Case name,...
Peter Ambrose discusses the legal sector's resistance to adopting Lawtech, highlighting the scepticism and fear among lawyers due to past failures and perceived threats to their careers. He examines the historical reluctance, the impact of the pandemic on technology...
In this issue, Claire Louise Clarke and Lisa Edwards, Directors of The Clarke Edwards Partnership share their views on the current market and potential trigger points that may lead to resignation. They take a look at reasons for leaving and make suggestions on...
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