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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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The FTT decision As noted in a previous Insight, the proprietor of Vista Tower (' Grey') applied for an RCO against the building’s original developer and 95 additional parties who met the definition of ‘associated persons’ due to shared directors during 2017 to 2022. The owner requested an order requiring the respondents to cover both historic and forthcoming costs to rectify fire safety defects, estimated at over £20m. The FTT granted that relief, on a joint and several liability basis, against 75 respondents. The appeal Certain respondents appealed on these grounds: whether the Tribunal can make RCOs rendering multiple respondents jointly and severally liable for the same overall sum, or whether it must make individual orders against each respondent for a specifically identified amount. whether the Tribunal misdirected itself on the “just and equitable” test, given that for many respondents there was no...
What is the purpose of, and key provisions of, these Regulations? Created under the Building Safety Act 2022 ( BSA 2022) as a central pillar of its reform of the building safety system, the Building Safety Regulator ( BSR) was initially housed within the Health and Safety Executive ( HSE), conferring significant new duties over the safety and performance of all buildings, irrespective of height. The BSR’s remit is extensive and includes, among other things, monitoring the effectiveness and performance of the building control profession, advising on revisions to procedural elements and functional requirements within the building regulations, and raising the competence of everyone engaged in the construction sector. The BSR acts as the building control authority for higher-risk buildings and serves as the safety regulator for occupied buildings. In June 2025, the government announced reforms to the BSR, including...
Phillips and another v Garraway [2026] EWCA Civ 55 What are the practical implications of this case? This ruling makes plain that would-be tenants who intend to render services in place of rent must settle an agreed value for those services with the proposed landlord if they want the tenancy to attract security of tenure under the HA 1988. Where no figure is put on the services, it is probable that the tenancy can be ended by a notice to quit. Beyond that, the practical consequences of the judgment are likely to be limited. The court recognised that ‘rent’ carries different meanings at common law and across other statutory schemes, so the Court of Appeal’s explanation of ‘rent’ is confined to the particular statutory framework of the HA 1988. Although the tenant relied on the potential for abuse by...
In this issue: Leasing property Property management Investigating title Transferring property Easements, rights and covenants Property insolvency Property taxes Property in Wales Additional property updates this week Daily and weekly news alerts Trackers New Q& As Leasing property Statutory standing for Code agreement renewals In On Tower UK Ltd v AP Wireless II ( UK) Ltd [2026] EWCA Civ 43, the Court of Appeal decided that an operator does not have to be the party that originally entered into a Code agreement in order to invoke renewal rights under Part 5 of the Electronic Communications Code. Holding the benefit of the agreement is enough. Put differently, it is the practical enjoyment of Code rights that carries the statutory entitlement to renew, not the identity of the original signatories. The ruling settles who can start...
On Tower UK Ltd v AP Wireless II ( UK) Ltd [2026] EWCA Civ 43 What are the practical implications of this case? This ruling carries immediate and far-reaching importance for advisers dealing with the Code. The Court of Appeal has confirmed that merely holding the benefit of a Code agreement is enough to trigger Part 5 renewal rights, delivering long overdue clarity in a field that had produced transactional and procedural risk. For transactional practitioners, the judgment endorses familiar market arrangements, including assignments, portfolio transfers and the deployment of special purpose vehicles ( SPVs). Operators and infrastructure investors can pursue acquisitions, internal reorganisations and asset transfers without risking the loss of statutory renewal protection. Even so, due diligence should now concentrate on tracing the benefit of Code rights rather than depending solely on the identity of the formal contracting party. For...
In this issue: Key developments and horizon scanning Leasing property Residential property Property management Transferring property Easements, rights and covenants Commercial real estate finance Property taxes Property in Wales Property in Scotland Additional property updates this week Daily and weekly news alerts New and updated content Trackers Key developments and horizon scanning Pre-legislative scrutiny of draft Commonhold and Leasehold Reform Bill The Housing, Communities and Local Government Committee (the Committee) has opened a pre-legislative scrutiny inquiry into the Government’s draft Commonhold and Leasehold Reform Bill, released on 27 January 2026. It has set out the inquiry’s terms of reference and is inviting written evidence up to 25 February 2026, with oral evidence sessions due to commence in March 2026. The review will consider whether the draft Bill fulfils the...
What are the practical implications of this case? The decision carries clear real-world importance for advisers on residential service charges, building safety works and the construction of leases. The Court of Appeal made plain that service charge liability is narrowly bounded by the lease wording, even if works are undertaken for safety reasons and even where the expenditure is significant. Widely framed repair, maintenance or safety clauses will not, without more, transfer responsibility for rectifying inherent, pre-existing structural defects to leaseholders unless the lease clearly allocates that risk. For those acting for landlords and local authorities, the ruling exposes the limits of leaning on general or ‘sweeper’ provisions to recover the costs of major structural remediation, particularly in older buildings erected using methods now discredited. It underscores the need for early, meticulous lease review before commencing large-scale works and may oblige advisers to...
In this issue: Key developments and horizon scanning Transferring property Leasing property Property management Residential property Environment, energy and buildings Easements, rights and covenants Property development Property taxes Property in Wales Property in Scotland Lex Talk®Property: a Lexis®Nexis community Additional property updates this week Daily and weekly news alerts New and updated content Trackers New Q& As Key developments and horizon scanning BPF and Law Commission comment on draft Commonhold and Leasehold Reform Bill The British Property Federation ( BPF) has issued its views on the draft Commonhold and Leasehold Reform Bill, warning that proposed caps on ground rents could undermine investments held by pension funds and institutional investors. It said investors who acted in good faith to meet pension liabilities should be compensated, and noted that government announcements do not address this point. While it supports parts of the commonhold package, including adjustments to funding for major works, the BPF considers the plan to abolish forfeiture and to bring in a new...
Conway v Conway and another [2025] EWHC 33314 ( Ch) What was the background? In March 2019, the parties reached a verbal understanding for the respondents to purchase the appellant’s barn for £150,000 sterling. Solicitors were engaged to formalise the transfer, but talks collapsed over a contentious provision—whether the appellant retained a call option to re-purchase the barn from the respondents. It was accepted by both sides that the price was never paid to the appellant, and that the respondents had gone into occupation and undertaken substantial renovation and refurbishment works. Following the collapse of negotiations, the appellant sought declaratory relief that the respondents held no proprietary interest in the barn and also an injunction restraining further access. The respondents, relying solely and entirely on proprietary estoppel, issued a counterclaim seeking an order compelling transfer of the barn to them on the terms of the...
Lillystone v Bradgate Education Partnership [2025] EWHC 3341 ( KB) What are the practical implications of this case? Accidents caused by balls escaping play ( Bolton v Stone [1951] AC 850) are not unusual. Incidents involving people climbing fences ( Phillips v South East Education and Library Board [2015] NIQB 91; Wray v Derry City and Strabane District Council [2020] NIQB 39) also arise. More broadly, the decision reinforces that OLA 1957, s 1(1) limits the duty of care owed by owners/occupiers to dangers stemming from the state of the premises and to acts or omissions in relation to that state. Relying on Tomlinson v Congleton Borough Council [2004] 1 AC 46, the appeal court drew a distinction between hazards attributable to the condition of the premises where what was done, or not done, formed part of that...
In this issue: Transferring property Residential property Property management Statutory compliance Property development Environment, energy and buildings Property insolvency Property taxes Property in Wales Property in Scotland Additional property updates this week Daily and weekly news alerts New and updated content Trackers New Q& As Transferring property HM Land Registry updates Practice Guide 26 HM Land Registry ( HMLR) has revised Practice Guide 26 on lease determination. Section 4 has been updated to make clear that a deed of surrender must be executed by the tenant. See: LNB News 19/01/2026 23. Source: Leases: determination ( PG26). HMLR updates portal design HMLR has confirmed that a refreshed portal will launch from 26 January 2026. The first changes introduce a redesigned portal homepage and View Applications screen, brought into line with the Digital Registration Service and LLC pages to enhance consistency across the platform. The...
In this issue: Key developments and horizon scanning Residential property Property development Statutory compliance Transferring property Property insolvency Property taxes Property in Scotland Statutory compliance Additional property updates this week Daily and weekly news alerts New and updated content Trackers Key developments and horizon scanning Property and Property Disputes—major developments in 2025 and a comprehensive look ahead to 2026. This News Analysis brings together and summarises the principal shifts across Property and Property Disputes in England & Wales during 2025 and anticipates what is on the horizon for 2026. This edition spotlights business tenancies, the Leasehold and Freehold Reform Act 2024, residential tenancies, building safety, service charge and outgoings, commonhold, electronic communications, contractual controls on land, adverse possession, investigating title, the ‘ Etridge’ protocol, energy performance and business rates. See News...
For more detail on major developments relevant to Property and Property Disputes, and insight on forthcoming developments, consult the Practice Notes: Property key future developments tracker Property case tracker—2025 Further regular updates and in-depth commentary are available via both our current awareness alerts and highlights. Simply select ‘ Create Alert’ on your ‘ Alerts’ tab and adjust your personal settings to subscribe as required. Business tenancies What were the key developments in 2025 for business tenancies? In MVL Properties (2017) Ltd v The Leadmill Ltd [2025] EWHC 349 ( Ch), the landlord resisted a renewal of a business tenancy for the premises in issue operated as a music venue and nightclub, relying on ground (g) in section 30(1) of the Landlord and Tenant Act 1954 ( LTA 1954), namely an intention to occupy the premises for its own trading...
In this issue Key developments and horizon scanning Leasing property Property management Residential property Statutory compliance Transferring property Easements, rights and covenants Property development Property taxes Property in Wales Property in Scotland Additional property updates this week Daily and weekly news alerts New and updated content Trackers Key developments and horizon scanning Consultations re privately managed estates The Ministry of Housing, Communities and Local Government ( MHCLG) has begun a standalone consultation to bring Part 5 of the Leasehold and Freehold Reform Act 2024 into effect via secondary legislation. The plans would create a regulatory regime giving freehold estate homeowners in England and Wales fresh rights to examine and contest estate management charges, hold estate managers to account, and receive clearer information on estate management. The...
Tower One St George Wharf Ltd v HMRC [2025] EWCA Civ 1588 What are the practical implications of this case? FA 2003, s 53 ordinarily requires SDLT to be computed by reference to the market value where property is transferred to connected companies. By contrast, FA 2003, s 54 sets out several departures from that market value basis. Under Case 3 in FA 2003, s 54(4), an exception applies if the transfer forms part of a distribution of the vendor’s assets and the property has not been within the scope of an SDLT group relief claim during the prior three years. The Court of Appeal’s interpretation of FA 2003, s 54(4) confirms that Case 3 is only disapplied where SDLT group relief was actually obtained, and not merely claimed without success, contrary to HMRC’s position. Significantly, the Court of Appeal also upheld HMRC’s power to rely on FA...
Why is this legislation required? The government points to two main reasons for introducing this scheme. First, there is inconsistency over which tax advisers must register with HMRC. Making registration mandatory will create uniformity across HMRC’s services for all tax advisers. Second, following an October 2024 consultation, the government reported strong support for compulsory registration to ensure advisers are suitably trained, meet minimum standards, and to deter so-called ‘bad actors’ from entering the market. Which advisers will be required to register with HMRC? Subject to the exemptions noted below, a tax adviser may not interact with HMRC unless they are registered. ‘ Interaction’ is defined widely and includes any communication with, or filing of a document to, HMRC. For registration, a ‘tax adviser’ means either: an organisation that, in the course of its business, assists another person with their tax affairs, or an...
In this issue: Key developments and horizon scanning Transferring property Investigating title Residential property Commercial real estate finance Property development Environment, energy and buildings Property taxes Property in Wales Property in Scotland Additional property updates this week Daily and weekly news alerts New and updated content Trackers New Q& As Property Highlights 2025/2026 Key developments and horizon scanning BPF opposes upward-only rent review ban in English Devolution and Community Empowerment Bill The British Property Federation ( BPF) has voiced its opposition to provisions in the English Devolution and Community Empowerment Bill that would prohibit upward-only rent reviews in all new commercial tenancies. The Bill had its second reading in the House of Lords on 8 December, with committee stage scheduled for 20 January 2026 (see Trackers). The BPF says the...
The Tower One St George Wharf Ltd v HMRC [2025] EWCA Civ 1588 A corporate group developed a residential scheme, with the concluding phase being the transfer of a 50‑storey tower block to a special purpose vehicle ( SPV) to ring‑fence risks, contain potential liabilities and improve financial flexibility. After consulting tax advisers, the group executed a set of same‑day steps intended to ‘step up’ the tax cost of the project, so the SPV would be treated as acquiring it at market value without tax charges arising en route. In broad terms, the property‑owning company granted a 999‑year lease to another group entity, B64. The appellant, incorporated to serve as the SPV, then acquired the shares in B64, and the lease was subsequently transferred to it by way of distribution. After an HMRC enquiry, the appellant accepted the planning had not produced the...
In this issue: Transferring property Property management Environment, energy and buildings Property taxes Key developments and horizon scanning Property in Wales Additional property updates this week Daily and weekly news alerts Trackers Transferring property Contract termination—conditions precedent In Henley Developments 211 Ltd v Weston Homes PLC [2025] EWHC 3200 ( Ch), the High Court rejected the appeal, finding that the “no one may profit from their own breach” principle is an interpretative aid that can be overridden by unequivocal contractual language. It further held that where an agreement sets out a complete regime for termination for breach and, separately, includes mutual (“two-way”) termination rights, those mutual rights can still be exercised even if the event triggering them was brought about by the terminating party’s own breach. The dispute arose from a conditional sale of property priced at £14.5m with a...
In this issue: Key developments and horizon scanning Transferring property Leasing property Property insolvency Residential property Property development Property taxes Property in Scotland Lex Talk®Property: a Lexis®Nexis community Additional property updates this week Daily and weekly news alerts New and updated content Trackers New Q& As Key developments and horizon scanning CIOT warning re new council tax surcharge The Chartered Institute of Taxation ( CIOT) cautions that the government’s planned high-value council tax surcharge risks further complicating property taxation in England and could burden homeowners who are asset‑rich but cash‑constrained. Liability would sit with owners, not residents, and cover holdings via companies or trusts. CIOT also highlights a revised timetable, with commencement pushed back to 2028 and a consultation slated for early 2026 to consider reliefs, exemptions and appeal...
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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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