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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 Sole traders, informal partnerships and outdated partnership deeds are common.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 Investigating title Transferring property Property development Agricultural property Property taxes Property in Scotland Lex Talk®Property: a Lexis®Nexis community Additional property updates this week Daily and weekly news alerts Trackers New Q& As Key developments and horizon scanning Post-election analysis We consider how the new Labour government is set to influence the property sector and the broader built environment. See News Analyses: Likely property developments under a Labour government, What the planning industry can expect from the new Labour government and What does a new Labour government mean for environmental law in England and Wales? For additional insight on proposed planning reforms, see also: LNB News 08/07/2024 24. For industry comment, see: LNB News 05/07/2024 33. Investigating title Law Society launches TA6 form...
HMRC v Mr Taher Suterwalla and Mrs Zahra Suterwalla [2024] UKUT 188 ( TCC) The taxpayers purchased a family home incorporating an indoor swimming pool, gardens that included a pavilion and a tennis court, and a paddock. On the same day as the acquisition (but following completion), they granted a one‑year grazing lease of the paddock to a neighbour for rent of £1,000 per annum. The FTT concluded that the paddock was not part of the grounds of the house and, as a result, the subject matter of the acquisition overall encompassed land that was not residential, so the generally lower mixed‑use rates of SDLT applied to the transaction. HMRC appealed to the UT on the basis that the FTT erred by taking the grazing lease into account when assessing whether the paddock was part of the grounds of the house and, in the...
Abbey Healthcare ( Mill Hill) Ltd v Augusta 2008 LLP (formerly Simply Construct ( UK) LLP) [2024] UKSC 23 What are the practical implications of this case? The court considered whether a contractor’s collateral warranty qualifies as a ‘construction contract’ under HGCRA 1996, s 104, thereby conferring a statutory right to adjudicate under HGCRA 1996, s 108. That status depended on whether the warranty was a contract ‘for... the carrying out of construction operations’ within HGCRA 1996, s 104(1)(a). The decision confirms that: a collateral warranty will only be a construction contract under HGCRA 1996, s 104(1)(a) where the contractor undertakes to the beneficiary an obligation to perform construction operations that is separate or distinct from its obligation to do so under the related building contract (or other appointment) a collateral warranty that simply warrants the contractor’s performance of its obligations to the employer under the...
Key features H( CR)( S) A 2024 sits at the heart of the Scottish Government’s reply to concerns about external wall cladding raised after the Grenfell Tower tragedy in June 2017. Its purpose is to quicken the appraisal and repair of buildings with potentially unsafe cladding, while bringing developers into that work. To that end, H( CR)( S) A 2024 puts in place three linked measures, one of which is Single Building Assessments. Single Building Assessments Single Building Assessments ( SBAs) form a central pillar of H( CR)( S) A 2024, intended to compile a register of Scottish buildings that may have cladding risks. SBAs are confined to residential properties that feature an external cladding system; there is no power to roll them out to non‑residential premises. The Scottish Government may vary the other qualifying tests: the building is flatted; it exceeds 11m in...
The Labour Manifesto Labour’s manifesto, titled ‘ Change’, was released ahead of the General Election. It outlines a programme of actions the party vowed to deliver once in office, as has now occurred. The document says ‘ the climate and nature crisis is the greatest long-term global challenge that we face’ and that ‘ economic growth, energy security, lower bills, and addressing climate change can be complementary ’. Consequently, most green commitments sit in the second of five missions to ‘rebuild Britain’, focused on making ‘ Britain a clean energy superpower’. At the heart of this is the Green Prosperity Plan, which—working with business through a National Wealth Fund—will invest to help the most energy intensive sectors decarbonise. The Manifesto also pledges action on the nature emergency, addressing pollution in rivers and seas, widening access to nature, supporting...
Labour’s manifesto, ‘ Change’, set out a programme the party vowed to deliver once in government, a position it has now achieved. The stream of reform in property law and measures touching the property industry — the Leasehold Reform ( Ground Rent) Act 2022, the Levelling-up and Regeneration Act 2023 ( LURA 2023) and the Building Safety Act 2022 ( BSA 2022) — shows no sign of slowing now Labour holds power. Reforms from recent years continue to shape the property landscape, with no indication of abatement under the new government. Labour’s position suggests continuity rather than pause in this agenda for now. Leasehold and enfranchisement reform The incoming administration must progress the Leasehold and Freehold Reform Act 2024 ( LFRA 2024), which secured Royal Assent in the ‘wash up’ on Parliament’s final day before dissolution. Most of LFRA 2024 will be commenced by...
In this issue: Environment, energy and buildings Property development Transferring property Property taxes Lex Talk®Property: a Lexis®Nexis community Additional property updates this week Daily and weekly news alerts Trackers New Q& As Environment, energy and buildings Supreme Court rules that the Water Industry Act 1991 does not bar a nuisance or trespass action The Supreme Court, sitting unanimously, allowed the appeal in The Manchester Ship Canal Company Ltd v United Utilities Water Ltd [2024] UKSC 22, [2024] All ER ( D) 10 ( Jul), determining that the Water Industry Act 1991 ( WIA 1991) does not preclude a nuisance or trespass action for pollution arising from the discharge of foul water, even in the absence of any negligence or deliberate misconduct whatsoever. Nicholas Ostrowski, Barrister at Six Pump Court and counsel to the appellant, discusses the...
Parliamentary process On 22 May 2024, the Prime Minister, Rishi Sunak, asked the King to dissolve Parliament so a general election could take place on 4 July 2024, and the King consented. As a result, Parliament was prorogued on 24 May 2024 and formally dissolved on 30 May 2024. The parliamentary timetable is set out below: 22 May: The Prime Minister asked the King to use the prerogative to dissolve Parliament 22 May: King Charles approved the request and a general election was announced nationwide 23 May: ‘ Wash-up’ period begins 24 May: Parliament is prorogued 25 May: Pre-election period of sensitivity begins (previously known as ‘purdah’) 30 May: Parliament is dissolved 30 May: Pre-election period starts 4 July: General election 17 July: State Opening of Parliament For an explanation of the ‘wash-up’ period and the period of...
Gravesham Borough Council v On Tower UK Ltd [2024] UKUT 151 ( LC) What are the practical implications of this case? Code rights are widely regarded as offering operators greater advantages than renewal rights under LTA 1954, Pt II, due to more favourable valuation assumptions and the curtailed scope for site providers to resist renewals. Put shortly, the Code’s approach to valuation and opposition renders it operator-facing, in contrast to the 1954 Act renewal framework. In consequence of the ruling in Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd [2022] 1 WLR 3360 ( Compton Beauchamp), the Tribunal lacks jurisdiction to entertain an application for a fresh agreement under the Code where the relevant site is held under a tenancy that had the protection of the LTA 1954......
In this issue: Key developments and horizon scanning Leasing property Transferring property Investigating title Residential property Property taxes Property in Scotland Additional property updates this week Daily and weekly news alerts Trackers New Q& As Key developments and horizon scanning BPF publishes new planning and carbon manifestos The British Property Federation ( BPF) has released fresh planning and carbon manifestos in the run-up to the general election. Its planning manifesto, ‘ Building More, Building Better’, urges the next government to refine current frameworks and policies to deliver a planning regime that is swift, effective and predictable, firmly underpinning productivity and sustainability across the UK. The carbon manifesto, ‘ Building a Sustainable Future’, asks the incoming administration to partner with the building industry to devise a comprehensive net zero carbon roadmap for the real estate sector across all asset classes and tenures, covering existing stock and new development. See: LNB News 21/06/2024 41. Sources: BPF calls for next...
In this issue: Key developments and horizon scanning Leasing property Property management Statutory compliance Investigating title Transferring property Additional property updates this week Daily and weekly news alerts Trackers Key developments and horizon scanning Further comment on general election manifestos The Royal Institution of Chartered Surveyors has issued commentary and analysis on the general election manifestos of multiple parties — Conservative, Liberal Democrat, Labour, Green and Reform — with particular attention to housing and planning. In parallel, the British Property Federation has published its take on the Labour Party’s manifesto, following earlier remarks on the Liberal Democrat and Conservative platforms. See: LNB News 18/06/2024 25, LNB News 14/06/2024 33 and LNB News 19/06/2024 14. Source: UK General Election 2024: What it means for housing, Land and Rural Manifesto overview, BPF comments on the Labour Party...
The Tropical Zoo Ltd v The Mayor and Burgesses of Hounslow London Borough Council [2024] EWHC 1240 ( Ch) What are the practical implications of this case? The court upheld a covenant rarely encountered in commercial leases, requiring a tenant to “remedy any breach of a Tenant Covenant Notified by the Landlord to the Tenant as soon as possible and in any event within two months after service of the Notice”. This covenant (9.1) appears to have been included because of the customised nature of the arrangement—i.e. a local authority granting a lease, probably at a discount, to support the operation of a zoo within its area. The clause grants landlords a renewed opportunity to act, enabling forfeiture for a breach even where the right to forfeit for that same breach has already been waived. The High Court’s confirmation that this drafting works as...
Di Bari and others v Avon Ground Rents Ltd [2024] Lexis Citation 311 What are the practical implications of this case? This judgment demonstrates that a remediation order can still be imposed even where a landlord, after being made aware of the problems, has taken a proactive stance and is plainly committed to undertaking the requisite remedial works. The landlord drew attention to an example in the notes to BSA 2022, s 123: life-safety critical works to address historic cladding and non-cladding defects have not commenced three years after identification, and the landlord continues to omit action notwithstanding contact from leaseholders and the fire and rescue authority urging that works begin. The circumstances here were markedly different, yet the Tribunal decided that the harm to leaseholders from refusing an order outweighed any disadvantage to the landlord from having a binding, enforceable...
In this issue Key developments and horizon scanning Property insolvency Property development Property in Scotland Additional property updates this week Daily and weekly news alerts Trackers New Q& As Key developments and horizon scanning Leasehold and Freehold Reform Act 2024 Jennie Graham ( Knowledge Lawyer Director), Colette Brimble ( Senior Knowledge Lawyer), Emma Moscoso ( Senior Knowledge Lawyer), Sue Thompson ( Associate Director) and Rebecca Francis ( Partner) at Osborne Clarke consider the Leasehold and Freehold Reform Act. Read: News Analysis: A subdued Leasehold and Freehold Reform Act has reached the statute book but is not as yet commenced in England. Property issues in the forthcoming election The British Property Federation ( BPF) urges the incoming administration to tackle the severe deficit of affordable housing. The BPF has also offered further views on the Liberal Democrats’ and...
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 Transferring property Property insolvency Property taxes Easements, rights and covenants Property in Scotland Leasing property Lex Talk®Property: a Lexis®Nexis community Additional property updates this week Daily and weekly news alerts Trackers New Q& As Key developments and horizon scanning Leasehold and Freehold Reform Act 2024 The Leasehold and Freehold Reform Act 2024 ( LFRA 2024), which gained Royal Assent on 24 May 2024 and featured in last week’s highlights, has now been published. Sections 113 (controls on remedies for arrears of rent charges), 117 (recovery of legal costs etc through service charge), 118 (repeal of section 125 of the Building Safety Act 2022) and 119 (higher-risk and relevant buildings: insolvency notifications) take effect two months after Royal Assent (24 July 2024). The rest of LFRA 2024 will commence by regulations to be made by the new government after the election. See: LNB News 04/06/2024...
A charge represents an interest over land, typically given by an owner to secure a financial debt...
In this issue: Residential property Property management Leasing property Transferring property Property development Property in Scotland Additional property updates this week Daily and weekly news alerts Trackers New Q& As Residential property The Leasehold and Freehold Reform Act 2024 receives Royal Assent The Leasehold and Freehold Reform Act 2024 ( LFRA 2024) obtained Royal Assent on 24 May 2024, shortly before the prorogation of Parliament. Its measures encompass reforms to lease extensions and collective enfranchisement, and abolish leaseholds for new houses. LFRA 2024 does not include provisions to cap and phase out ground rents, though the Labour Party has indicated it intends to introduce legislation for this purpose if it forms the next government following the election. See: LNB News 28/05/2024 108. Sources: Leasehold and Freehold Reform Act 2024 and Leasehold reforms become law. The Royal...
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 ......
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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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