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R (Greyhound Board of Great Britain Ltd) v Welsh Ministers [2026] EWHC 670 (Admin) What are the practical implications of this case? The ruling reinforces the constitutional divide between the courts and the legislature. It explains that the scheme and framework of the Government of Wales Act 2006 (GWA 2006) embody that separation of powers, and that any judicial attempt to recognise and enforce a common law obligation on Welsh Ministers to consult prior to introducing legislation in the Senedd would trespass upon that boundary. This is not a departure from established principle; case law has already upheld comparable rules for lawmakers in Scotland and at Westminster. However, this is the first express confirmation of the position for Welsh lawmakers, and the first time this dimension of the GWA 2006 has been analysed in such depth. The court examined earlier
The solution arrived through the United Nations Compensation Commission (UNCC), a quasi‑judicial body handling mass claims, created under UN Security Council Resolution 687. By addressing environmental harm—most notably via its ‘F4’ claim class—the UNCC set a seminal benchmark shaping how international law and contemporary arbitral panels allocate financial responsibility for wartime ecological devastation. With present-day wars in areas such as Eastern Europe and the Middle East bringing dam breaches, strikes on chemical facilities, and the burning of farmland, the UNCC’s legacy endures as an essential reference point for states, global investors, and companies engaged in post‑conflict arbitration. The F4 claims: Quantifying the unquantifiable Prior to the 1990s, mechanisms in international law for war reparations overwhelmingly favoured property loss, foregone earnings, and bodily injury. The natural world was commonly treated as a mute, non-compensable victim of armed hostilities...
Understanding the farming business as a business Many farms still use long-standing structures that arose by habit, not strategy. Sole traders, informal partnerships and outdated partnership deeds are common. While once effective, such setups can cause major issues around succession, tax planning and involving the next generation. A corporate team can take a fresh, business-led view of the farm, asking: Who owns the land and other critical assets? Who manages daily operations? Who carries the risk and who enjoys the return? What is the enduring plan for succession? From this review, the team can confirm whether the current setup is fit for purpose or if an alternative — for example an updated partnership agreement, a company, a limited liability partnership, or a blended model — would better meet the family’s aims. Tax efficiency through joined-up advice Tax sits at the centre of most
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In this issue: Key developments and horizon scanning Trespass and adverse possession Easements and covenants Disputes and remedies Enforcing security and property insolvency Property disputes in Scotland Lex Talk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts New and updated content Trackers Latest Q& A Key developments and horizon scanning Law Society sets out key asks to next government The Law Society of England and Wales has outlined its principal asks of the next administration. President Nick Emmerson stressed that, whichever party succeeds at the polls, legal services should be placed at the centre of economic growth plans, our commitment to the rule of law renewed, and proactive steps taken to safeguard and expand access to justice. He highlighted the legal sector’s contribution to the UK economy and urged the...
Rushed pre-election manoeuvring in the closing days of the parliamentary term produced significant legislative casualties. Once a UK general election for 4 July was declared, Parliament entered a two-day ‘wash up’ to either push through draft measures or abandon them before prorogation on 24 May (with dissolution following on 30 May). Tenant organisations will be disheartened that certain bills, notably the Renters ( Reform) Bill, fell; yet the much-trailed Leasehold and Freehold Reform Bill squeaked onto the statute book as the final Act of the session. The new law seeks to strengthen rights and protections for long-leasehold homeowners in England and Wales, covering rights to manage, collective enfranchisement, lease extensions, and the oversight of freehold estate management. The drive towards leasehold reform is now underway, but owing to hurried cross-party deal-making to secure passage, the Leasehold and Freehold Reform Act 2024 is defined as much by...
Wade and another v Singh and others [2024] EWHC 1203 ( Ch) What are the practical implications of this case? There are two principal lessons for practitioners. First, treated as a preliminary question, was whether the liquidators could rely on determinations made in earlier misfeasance proceedings. Those proceedings targeted the insolvent company’s directors, not the daughter-in-law claiming to hold the whole beneficial interest in the property. As a general rule, a judgment obtained by A against B is not evidence against C, yet counsel could identify no authority on the scenario where A secures a judgment against B and then seeks to deploy the findings from that decision against B in a later claim brought by A against B and C. The judge ultimately considered it unnecessary to resolve the issue, though the point will almost certainly surface again. The second area of note...
In this issue: Key developments and horizon scanning Enforcing security and property insolvency Contractual issues Disputes and remedies Lex Talk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts New and updated content Trackers Latest Q& As Key developments and horizon scanning Leasehold and Freehold Reform Act 2024 This Act stops the granting or assignment of certain new long residential house leases; reshapes the rights of long-lease tenants to purchase the freehold of their houses, to extend the leases of their houses or flats, and to act collectively to enfranchise or manage buildings containing their flats; gives such tenants the right to reduce rent under their leases to a peppercorn; and regulates residential landlord–tenant relationships, estate management and rentcharges. It also amends the Building Safety Act 2022 in relation to fixing...
In this issue Key developments and horizon scanning Forfeiture Service charges Disputes and remedies Trespass and adverse possession Lex Talk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts New and updated content Trackers Latest Q& As Key developments and horizon scanning The Leasehold and Freehold Reform Act 2024 secured Royal Assent on 24 May 2024, ahead of Parliament’s prorogation. The Department for Levelling Up, Housing and Communities confirmed this in a press release outlining the headline measures. See LNB News 28/05/2024 108. The Royal Institution of Chartered Surveyors has reacted to the passage of the LFRA 2024. RICS welcomes the Act for bringing greater certainty to leaseholders, landlords and the market, while noting lingering ambiguities and points of concern. See LNB 29/05/2024 75. Forfeiture A delay in returning rent did not amount to a waiver of the right to forfeit ( The Tropical Zoo Ltd v The Mayor and Burgesses of Hounslow London Borough...
What is a section 27A application? Under section 27A of the Landlord and Tenant Act 1985 ( LTA 1985), parties to long residential leases—typically lessors or lessees, as well as any person or body to whom or by whom a service charge is payable—may apply to the FTT to decide whether a service charge that has been demanded, or is proposed, is actually payable. It is commonly used by a landlord as a step preceding forfeiture. Per s27A(1), an application to the appropriate tribunal can determine if a service charge is due and, where it is, address: the person liable to pay the person entitled to receive payment the amount that is due the deadline by which it must be paid the way in which payment is to be made ......
Shamsan v 44-49 Lowndes Square Management Company Ltd [2024] EWCA Civ 436 What are the practical implications of this case? The decision signals that, save for quite confined scenarios, a residential block’s managing company—whose function is to appoint private firms to deliver services to occupants—will rarely be fixed with a duty of care to residents in relation to the services ultimately provided and their performance. The judgment dwelt, in considerable detail, on the operative contractual paperwork, examining the applicable agreements and terms. That focus may curtail the broader significance of the conclusions for disputes of this kind within this area. Nonetheless, the Court of Appeal determined that, in the circumstances presented, none of the many recognised lines of authority in which a duty of care arises from an assumption of responsibility were triggered......
In this issue: Business tenancies Enforcing security and property insolvency Neighbour and party wall disputes Repairing obligations and dilapidations Disputes and remedies Lex Talk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts Dates for your diary New and updated content Trackers Latest Q& As Business tenancies Compensation for misrepresentation in opposed lease renewal proceedings ( Mc Donald’s Restaurants v Shirayama Shokusan) In Mc Donald’s Restaurants Ltd v Shirayama Shokusan Company Ltd [2024] All ER ( D) 52 ( May); [2024] EWHC 1133 ( Ch), the court awarded compensation under section 37A of the Landlord and Tenant Act 1954. It found that, at a prior County Court trial of an opposed lease renewal, the landlord had intentionally misstated its intentions regarding the purported business it said would operate from the...
Mc Donald’s Restaurants Ltd v Shirayama Shokusan Company Ltd [2024] EWHC 1133 ( Ch) What are the practical implications of this case? As is widely understood, a landlord opposing a tenant’s bid for a fresh tenancy under the LTA 1954, Pt II generally relies on two key bases: an intention to carry out redevelopment of the property (ground 30(1)(f)); or an intention to occupy and run its own undertaking from the demised premises (ground 30(1)(g)). The requisite intention must be in place on the date of the hearing of the disputed renewal and must be firm and settled. There must also be a realistic prospect that the landlord can implement that intention in practice. For s 30(1)(g), the landlord must plan to conduct the business within a reasonable period after termination as at the hearing date. In reality, in defended renewals the...
Note: The CPRC has stopped circulating the supporting papers alongside the minutes, so this News Analysis does not include documents explaining the topics discussed. A copy of the minutes can be found here: Minutes of the CPR Committee meeting. Welcome, action log and matters arising (item 1) The minutes of the 1 March 2024 meeting were approved—see News Analysis: Minutes of the CPR Committee meeting—1 March 2024. The following points arose that were not addressed under later agenda items: E-working pilot CPR PD 51O— Master Sullivan and Chief Chancery Master Karen Shuman will undertake an initial review. As the pilot PD is scheduled to expire on 1 November 2024, the proposal is to report to the June 2024 meeting, to enable inclusion in the summer update with a possible in-force date in October...
In this issue: Disputes and remedies Enfranchisement and right to manage Easements and covenants Enforcing security and property insolvency Lex Talk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts Dates for your diary New and updated content Trackers Latest Q& As Disputes and remedies Property management company owes no duty of care to a tenant for the acts of porters hired via an independent contractor ( Shamsan v 44-49 Lowndes Square Management Company Ltd) In Shamsan v 44-49 Lowndes Square Management Company Ltd [2024] All ER ( D) 59 ( May), [2024] EWCA Civ 436, the Court of Appeal ( Civil Division) dismissed the appeal and affirmed that the judge had correctly determined the respondent property management company bore no duty of care to the appellant tenant regarding conduct by...
In this issue: Disputes and remedies Neighbour and party wall disputes Enforcing security and property insolvency Property disputes in Scotland Lex Talk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts Dates for your diary New and updated content Trackers Disputes and remedies Supreme Court confirms no tortious damages recoverable where the ‘but for’ causation test is unmet in relation to Japanese knotweed ( Davies v Bridgend County Borough Council) In Davies v Bridgend County Borough Council [2024] All ER ( D) 32 ( May) [2024] UKSC 15, the Supreme Court unanimously allowed the appeal, holding that, applying the ‘but for’ test, compensation is not payable where the drop in value of the claimant’s land was not brought about by the defendant’s tortious acts, and therefore no award of damages is...
In this issue: Business tenancies Disputes and remedies Property Disputes in Scotland Lex Talk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts Dates for your diary New and updated content Trackers Latest Q& A Business tenancies Competing approaches to a tenant’s ‘holding’ in claims for renewal of business tenancies ( Sainsbury’s Supermarkets Ltd v Medley Assets Ltd) In Sainsbury’s Supermarkets Ltd v Medley Assets Ltd [2024] Lexis Citation 358, a contested application to renew a business tenancy under the Landlord and Tenant Act 1954 ( LTA 1954) was examined. The landlord relied on ground (f), asserting a reasonable need to recover possession to undertake substantial works. A key ancillary question concerned the scope of the tenant’s ‘holding’, hinging on how that term is construed in LTA 1954, s 30, and whether it...
Sainsbury's Supermarkets Ltd v Medley Assets Ltd H00MK414 What are the practical implications of this case? This ruling will interest those advising or acting in the field of business tenancies and applications for renewal. It stands as a classic illustration of the principles governing opposed renewal claims. The judge also delivered severe criticism of one expert and his responsibilities to the court. It is a pointed reminder that experts must be fully aware of their obligations under the CPR and within applicable professional codes, here the RICS framework being relevant. What was the background? The court considered, as a preliminary issue, whether the landlord had a defence to a claim for a renewed business tenancy under the LTA 1954, predicated on proposed works to a staircase (ground floor) and the basement. It was common ground that the tenant occupied only the ground floor, apart from a small...
In this issue: Contractual issues Repair duties and dilapidations Enforcing security and property insolvency Disputes and remedies Property disputes in Scotland Lex Talk®Property Disputes: a Lexis®Nexis community Further property disputes updates News alerts issued daily and weekly Key dates for your diary Newly published and updated content Trackers Latest Q& A Contractual issues Specific performance where landlord’s consent uncertain ( Valbonne Estates Ltd v United Homes Ltd) In Valbonne Estates Ltd v United Homes Ltd [2024] All ER ( D) 73 ( Apr), [2024] EWHC 876 ( Ch), the Chancery Division refused the defendant company’s application for summary judgment, in a dispute about the sale of a leasehold interest in a London property. The court determined that, among other matters, at this stage it could not be shown that the claim for specific performance, notwithstanding the lack of the landlord’s consent, was fanciful. There was a sound argument that the proper test was whether, on the...
Note: the CPRC has stopped issuing the background papers alongside the minutes; therefore, this News Analysis is not accompanied by documents elucidating the discussions. A copy of the minutes is available here: Minutes of the CPR Committee meeting. Welcome, action log and matters arising (item 1) The Chair reported the appointment of His Honour Judge Hywel James and Master Lisa Sullivan to the Committee. Approval was given to the minutes of the 2 February 2023 meeting (see News Analysis: Minutes of the CPR Committee meeting—2 February 2024). The following points arose that were not dealt with under subsequent items: court documents ( UKSC Cape v Dring) consultation: this closed on 8 April 2024, with a proposal to return the issue for discussion at the May 2024 meeting Standard Disclosure in Workplace Claims— Annex C to the Pre- Action Protocol for Personal Injury Claims: HHJ Jarman KC...
In this issue: Enfranchisement and right to manage Service charges Disputes and remedies Residential tenancies Property disputes in Scotland Lex Talk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts Dates for your diary New and updated content Trackers Enfranchisement and right to manage Can qualifying tenants prevent incumbrances created after an unlawful disposal from binding them? ( Donovan v Prescott Place) In Donovan v Prescott Place [2024] EWCA Civ 298, [2024] All ER ( D) 04 ( Apr), a block of flats was sold to a purchaser without the vendor first offering the qualifying tenants the opportunity required by section 1 of the Landlord and Tenant Act 1987 ( LTA 1987). The tenants eligible under the Act then obtained a court order pursuant to LTA 1987, s 19(1), directing the purchaser to transfer the building to their nominee company. After completion but before the s 19(1) order was made, the...
What are the practical implications of this case? From a purchaser’s perspective, the decision emphasises qualifying tenants’ statutory right of first refusal under LTA 1987 when a landlord proposes to dispose of its reversionary interest in a block of flats in question. Where LTA 1987 applies, the landlord is prohibited from transferring any estate or interest in the property unless it first serves a s 5 notice offering the reversionary interest to the qualifying tenants on the same terms as offered. A landlord who omits this step may commit a criminal offence, and there are significant consequences for the buyer as well in practice. Under s 12B(2), more than 50% of the qualifying tenants of the constituent flats can serve a purchase notice on the buyer, requiring the buyer to pass to the tenants’ nominee the estate or interest that formed the...
In this issue: Service charges Enfranchisement and right to manage Enforcing security and property insolvency Repairing obligations and dilapidations Disputes and remedies Property Disputes in Scotland Lex Talk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts Dates for your diary New and updated content Trackers Latest Q& As Service charges Insurance commission as service charge ( Octagon Overseas v Cantlay) In Octagon Overseas v Cantlay [2024] All ER ( D) 03 ( Apr), [2024] UKUT 72 ( LC), the Upper Tribunal ( Lands Chamber) ( UT) allowed the appellant landlords’ appeal against the First-tier Tribunal ( Property Chamber) ( FTT) concerning insurance commissions and fees received by the landlords (or their agents) in their capacity as estate landlords. The UT noted that the FTT had concluded the...
Lowe v The Governors of Sutton’s Hospital In Charterhouse [2024] EWHC 646 ( Ch) What are the practical implications of this case? Tenancy deposit law is no exemplar of lucid drafting and has generated a raft of technical disputes. This decision provides helpful certainty: the relevant limitation period for these claims is six years under section 9 of the Limitation Act 1980 ( LA 1980) a certificate of information containing a plain error should be read as one reads a statutory notice; if a reasonable recipient would grasp that the correct details were conveyed, the statutory requirements are satisfied the absence of a signature on the certificate of prescribed information was not determinative. In this case, a signed covering letter from the landlord’s agent accompanied the certificate, so the information was delivered in a form ‘substantially to the same effect’ as that required by the Housing ( Tenancy...
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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