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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 Sole traders, informal partnerships and outdated partnership deeds are common.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 Transferring property Property development Environment, energy and buildings Property taxes Property in Scotland Additional property updates this week Daily and weekly news alerts Trackers New Q& As Key developments and horizon scanning MHCLG announces leasehold reforms for 2025—implementation of LFRA 2024 and modernisation of commonhold The Ministry of Housing, Communities and Local Government ( MHCLG) has outlined a far‑reaching package of proposed leasehold changes planned for 2025. On 21 November 2024, Matthew Pennycook, Minister of State for Housing and Planning, issued a written statement on leasehold and commonhold reform, addressing the commencement of the Leasehold and Freehold Reform Act 2024 ( LFRA 2024) and setting out further intentions to reform both leasehold and commonhold. LFRA 2024 Pennycook confirmed the government’s aim is to bring LFRA 2024 into effect as rapidly as...
Clapham and others v Narga [2024] EWCA Civ 1388 How does this ruling affect practice in reality?...
In this issue: Leasing property Transferring property Easements, rights and covenants Property development Environment, energy and buildings Property taxes Additional property updates this week Daily and weekly news alerts New and updated content Trackers Leasing property Law Commission launches consultation on right to renew business tenancies The Law Commission has opened a consultation reviewing how the right to renew business tenancies under Part 2 of the Landlord and Tenant Act 1954 operates, and whether it still serves both business tenants and landlords. It seeks feedback on whether the existing ‘contracting out’ approach to security of tenure remains appropriate, or if another framework is needed. The paper weighs the advantages and drawbacks of contracting out and evaluates three alternatives: mandatory security of tenure, abolishing security of tenure, and a ‘contracting-in’ model. It also questions whether the current categories of business tenancies that enjoy security of tenure are the correct ones. The consultation closes on 19 February 2025, with a...
In this issue: Leasing property Transferring property Property development Residential property Property in Wales Property in Scotland Property taxes Additional property updates this week Daily and weekly news alerts New and updated content Trackers New Q& As Leasing property Law Commission to consult on right to renew business tenancies The Law Commission has set out plans to consult on the right to renew business tenancies as part of its review of Part 2 of the Landlord and Tenant Act 1954 ( LTA 1954), with a consultation paper due for release on 19 November 2024. That paper will explore key questions on possible changes to LTA 1954, Part 2. After this initial exercise, the Commission intends to issue a second, more technical consultation. See: LNB News 11/11/2024 37. Source: Business Tenancies: the right to...
Khan and others v Khan [2024] EWHC 2491 ( Ch) What are the practical implications of this case? This decision contributes to the growing jurisprudence on trusts of family property where there is scant or no paperwork. In such matters, the court must reconstruct intentions and make findings from longstanding, informal family arrangements, often stretching back decades, in the absence of formal written records to clarify how interests were intended to be held. What was the background? The dispute concerned four addresses: 14 Stapleton Road, 7 Essex Grove, 53 Norbury Crescent and 5 Ullswater. Mr Khan was central to acquiring the Properties, although legal ownership and mortgages were, at times, placed in the names of different children from the outset. The children— Ahmed, Sarwar, Muhammed (the ‘ Sons’), together with Shalima, Farhana and Jennifer (the ‘ Daughters’)—each asserted differing stakes in the Properties. Through a series of...
Cabo v Dezotti [2024] EWCA Civ 1358 What are the practical implications of this case? The ruling clearly illustrates that, just as the court may look beyond the wording of a licence to determine whether it is truly a tenancy, it will also scrutinise the surrounding circumstances to decide who is the landlord for the purposes of RRO liability in practice. In this matter, arcane submissions about the provisions of a management agreement between the appellant and a managing company did not ultimately succeed in relieving the appellant of responsibility. What was the background? The appellant had entered into a management agreement with Top Holdings Ltd ( THL). Among other things, it enabled THL to arrange letting of the relevant property, but only by way of licence agreements for holiday use alone, and further required that THL may let the Property only to...
In this issue: Transferring property Investigating title Statutory compliance Residential property Property development Property taxes Key developments and horizon scanning 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 Transferring property Adverse possession claim precluded—abuse of process Malik v Malik [2024] EWCA Civ 1323 concerned two linked appeals in a protracted family quarrel about who owns a Knightsbridge flat. The appeals were heard together. The Court of Appeal upheld the first brother’s appeal against a ruling that the second brother was not barred, as an abuse of process, from running an adverse possession defence in possession proceedings brought in 2017. No objectively unequivocal earlier statement was needed in this context. A plainly inconsistent later stance could still amount to an...
Murphy and another v HMRC [2024] UKFTT 947 ( TC) The appellants, Mr and Mrs Murphy, purchased a property for £277,000 using a joint mortgage. On the same day the sale contract was signed, they entered a further agreement under which Mr Murphy committed to transfer to Mrs Murphy all but 1% of his 57% interest in the property, with that transfer taking place under the sale contract. The arrangement aimed to trigger the sub-sale provisions in section 45 of the Finance Act 2003, so that for SDLT the chargeable consideration would be limited to what Mrs Murphy paid under the sale contract for her 43% share, namely £119,100. As this amount was below the SDLT threshold, their SDLT1 return reported no SDLT payable. The first question before the FTT was whether HMRC’s discovery assessment was valid. HMRC’s interest was prompted because the...
In this issue: Key developments and horizon scanning Residential property Property insolvency Transferring property Property management Property in Wales Property taxes Additional property updates this week Daily and weekly news alerts New and updated content Trackers New Q& As Key developments and horizon scanning Autumn Budget 2024 The Chancellor of the Exchequer, Rachel Reeves, has presented the Autumn Budget 2024. Headline points for the property sector include funding to boost housing delivery, an uplift to stamp duty land tax on second homes, business rates reliefs alongside reform, and higher capital gains tax rates. See: LNB News 30/10/2024 61 and LNB News 28/10/2024 12. Source: Autumn Budget 2024, Chancellor to unlock housing in first Budget and Written Ministerial Statement: Social and Affordable Housing. Several built environment industry bodies have published their responses to the budget. See: LNB News 31/10/2024 37......
Avon Freeholds Ltd v Cresta Court E RTM Company Ltd [2024] UKUT 335 ( LC) What are the practical implications of this case? Here, the so‑called ‘registration gap’ did not stop a tenant qualifying as a tenant under the CLRA 2002. The decision clarified this merely made the right to manage ( RTM) claim notice voidable—because the qualifying tenant had not been served with a notice of invitation to participate—rather than entirely invalid. It was for the person entitled to service (the qualifying tenant) to have the notice declared void and, as they did not, the acquisition of the right to manage was not blocked. What was the background? Under Part 2 of the CLRA 2002, long leaseholders of flats in mainly residential buildings (subject to certain exceptions) have the right to assume management of the...
In this issue: Key developments and horizon scanning Leasing property Commercial real estate finance Statutory compliance Residential property Property management Property development Transferring property Property in Wales Property taxes Additional property updates this week Daily and weekly news alerts New and updated content Trackers Key developments and horizon scanning BPF commentary on 2024 Autumn Budget The British Property Federation ( BPF) has released a Spotlight Series blog featuring insights from Rachel Kelly, the BPF’s Assistant Director of Policy ( Finance), on what the 2024 Autumn Budget means for the property industry. Kelly set out the Federation’s proposals to government ahead of 30 October 2024: modernising business rates, backing energy efficiency retrofits, and amending tax rules to unlock institutional investment in new housing. She underlined that, given the right fiscal and...
AP Wireless II ( UK) Ltd v On Tower UK Ltd [2024] UKUT 263 ( LC) What are the practical implications of this case? This ruling provides vital guidance on handling telecommunications arrangements when reviewing those already in place. Identifying whether a subsisting arrangement is controlled by the LTA 1954 or by the Electronic Communications Code determines the form of notice required for termination or renewal. When advising for either Operators or Site Providers who intend to initiate the renewal or bring to an end their existing telecommunications arrangements, it is essential to determine whether the arrangement is a lease or a licence. A licence is one caught by the Code and demands service of the prescribed notice in accordance with the Code. Examining the duration and whether there is exclusive possession will indicate the probable route and procedure for renewing or ending...
In this issue: Key developments and horizon scanning Transferring property Examining title Property insolvency Property taxes Property development Environment, energy and buildings Property in Scotland Further property updates this week Daily and weekly news alerts Trackers New Q& As Key developments and horizon scanning Law Society provides update on Renters’ Rights Bill second reading debate The Law Society’s weekly briefing on parliamentary activity reported on the Renters’ Rights Bill’s second reading in the House of Commons on 9 October 2024. Cross-party speakers backed the creation of a new landlord register to be introduced once the Bill becomes law. The Housing Minister, Matthew Pennycook, stressed that government will ready HM Courts and Tribunals Service for the system’s rollout. He also made clear that reforming the private rented sector will not hinge on...
In this issue: Key developments and horizon scanning Transferring property Property insolvency Property development Environment, energy and buildings Property taxes Property in Scotland Additional property updates this week Daily and weekly news alerts New and updated content Trackers New Q& As Key developments and horizon scanning Renters’ Rights Bill second reading The Renters’ Rights Bill completed its second reading in the House of Commons on 9 October 2024 (see Trackers below). Prior to the debate, a Ministry of Housing, Communities and Local Government press release confirmed a statement by Deputy Prime Minister Angela Rayner and outlined the elements of the Bill she intended to spotlight in her Commons address. Commenting ahead of the reading, Law Society President Nick Emmerson said ending ‘no-fault’ evictions is a vital move to strengthen protections for tenants, while...
Mudan and another v HMRC [2024] UKUT 307 ( TCC) In August 2019, the taxpayers purchased a property in London and at first paid SDLT on the footing that it was a residential property. They subsequently amended their return, instead treating the property as non-residential. They contended that substantial work was needed before it was safe for them to live there. The works undertaken included: rewiring installing a new boiler putting a new roof over the boiler house repairing broken windows stripping out the kitchen tanking the basement clearing lots of rubbish from the house and garden Accordingly, they argued that, at the effective date, the building was not suitable for use as a dwelling and therefore was not residential property within section 116(1) of the Finance Act 2003. Following an enquiry, HMRC issued a closure notice...
In this issue: Transferring property Residential property Property development Environment, energy and buildings 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 Transferring property Extent of expert determination provision Further to the earlier report in Dandara South East Ltd v Medway Preservation Ltd [2024] All ER ( D) 26 ( Sep), [2024] EWHC 2318 ( Ch), the High Court allowed the defendants’ bid for a stay so that an expert could determine a dispute arising under a land sale contract. The court dismissed the claimant’s case that the contractual expert determination mechanism did not bite on the dispute, holding that the clause functioned as a one‑stop shop for all quarrels flowing from the...
Introduction The Phase 2 report of the Grenfell Tower Inquiry, released on 4 September 2024 (the report), builds upon the analysis from Phase 1, centring on the devastating fire of 14 June 2017. While the first phase forensically charted what unfolded on the night itself, Phase 2 sought to explain how a concrete block, assumed to be fire-resistant in 21st-century London, could become a lethal inferno. The report sets out a series of institutional and individual shortcomings that, taken together, culminated in the tragedy. Over time, the panel’s composition changed, with new members and assessors appointed, ensuring a wide range of expertise and viewpoints informed the investigation. Phase 2 proceeded in a disciplined, methodical fashion, echoing Phase 1 to permit rigorous scrutiny. The Inquiry convened for 312 sitting days; hearings began in January 2020 but were intermittently halted by the...
The web of blame The report delivers a scathing assessment of entrenched failures and blame-shifting among those responsible for the refurbishment and governance of the Grenfell Tower project. At the centre were Studio E, Rydon, and Harley Facades, whose combined negligence and absence of accountability were instrumental in the catastrophic fire that followed. It sets out how these parties neglected their duties, resulting in a tragic loss of life and a profound breach of public trust. Studio E, the architectural practice leading the refurbishment design, did not ensure the scheme met essential fire safety requirements. Despite recognising the project’s high-risk nature, the firm failed to properly consider the consequences of employing combustible materials on the building’s exterior. Its lack of experience with high-rise residential work, and the failure to bring in fire safety consultants at an early stage, meant critical protections were missed. These...
In this issue: Property management Insurance Transferring property Property development Environment, energy and buildings Property insolvency Property taxes Property in Scotland Additional property updates this week Daily and weekly news alerts Trackers New Q& As Property management RICS Consultation on Service Charges in Commercial Property The Royal Institution of Chartered Surveyors ( RICS) is seeking views on a second edition of its Professional Standard for Service Charges in Commercial Property. RICS confirms that the updated standard, scheduled for release in summer 2025, is intended to tackle key challenges in administering service charges, including the timely issue and prompt circulation of budgets and year-end certificates, and aims to reduce the causes of disputes between landlords and tenants, providing clearer guidance on resolution where there are disputes and related disagreements between parties. RICS also confirms it will...
On 12 September 2024, the British Insurance Brokers Association ( BIBA) urged that the insurance premium tax ( IPT) rate be trimmed from 12% to 10% for other policyholders. The call was issued in the run-up to the autumn budget statement, set for 30 October 2024, when the government is anticipated to introduce measures to fill what it claims is a £22bn shortfall in public finances at that time......
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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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