This week's edition of Property Disputes weekly highlights includes: a Supreme Court decision concerning the qualifying period for adverse possession, the progress of the Renters’ Rights Bill, Upper Tribunal decisions where nominal consideration only was awarded for survey access under the Electronic Communications Code, the discharge of an obsolete personal covenant and the remission of a service charge dispute back to the First-tier Tribunal due to the lack of explanation regarding the reasonableness of the amounts charged. It also includes a High Court decision that a mortgage took priority over the interest of a defendant who was not in actual occupation, the Master of Rolls’ speech on the Digital Justice System and the Royal Institution of Chartered Surveyors’ practice alert on expert witness standards in housing disrepair cases.
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If planning permission imposes restrictions on a licensed premises opening hours, once operational can the personal licence holder apply for a Temporary Events Notice (TEN) to open for longer hours than those permitted in the planning permission?To use any property for a licensable activity both
Micklefield clausesWhat is a Micklefield clause?It is common for employee share plans to provide that, on termination of employment (or when an employee is given or receives notice of termination of employment), subsisting share awards will be forfeited and subsisting share options will lapse.It is
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
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