The Practical Lawyer


Village green – mixed-use

The phrase ‘town and village green’ (TVG) conjures up an image of rural or suburban green land. But, that is misleading – the TVG legislation can cover industrial sites.

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Overage – planning problem

A recent case involved an overage agreement, with the developer buying an office building to change into residential use (using the permitted development planning rights).

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Overage – successor in title?

When drafting an overage agreement, how do you ensure that it binds successors in title?

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Restrictive covenant – ‘substantial’ benefit?

Is a £65,000 benefit ‘substantial’ when considering whether a restrictive covenant should be modified?

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Branded residence – loss of brand?

Expensive developments are often marketed under a ‘brand’ name (eg Harrods, a high-profile consumer name, or a top-end hotel brand).

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ACV – sale timetable

A summary of the asset of community value moratorium on sale.

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ACV – listing process timetable

A summary of the asset of community value listing process.

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Development – protected species

What happens if a developer finds a protected species on the development land? There are numerous wildlife protection Acts that might apply.

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Right to light – injunction?

The ability to obtain an injunction is an important part to any right to light claim. While there may also be a claim for damages, it is the injunction claim that is likely to bite.

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Affordable housing – negotiations

Affordable housing can be of three types: social rented housing; affordable rented housing; or intermediate housing.

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Disputed will – guidance; procedure
Wednesday, 13 February 2019
What should you do if asked for correspondence and other documents in relation to a will you prepared for a client who has since died?  Read more...
MoJ – IT meltdown
Wednesday, 13 February 2019
Many litigators are no doubt all too aware of the Ministry of Justice (MoJ) January 2019 IT failures that hit the delivery of frontline legal services in some courts.  Read more...
Statutory notices – service
Wednesday, 13 February 2019
The SC has widened the scope of the service of statutory notices. Read more...
Part 36 offers – appropriate
Wednesday, 13 February 2019
Part 36 of the CPR allows a claimant or defendant to make an offer of settlement before trial. If the offer is not accepted and the opposing party does not meet the offer at trial, the court may... Read more...
Noise nuisance – liability?
Wednesday, 13 February 2019
A recent High Court decision has confirmed that L is not liable for nuisance caused by its T merely because L does not take steps available to prevent the cause of the nuisance, even when L knows... Read more...
RICS – service charges
Wednesday, 13 February 2019
We noted the RICS Code of Practice on service charges in our October 2018 issue, p19; the ‘Service Charges in Commercial Property (1st edition)’ comes into force on 1 April 2019. Read more...
Notice of severance – rectification?
Wednesday, 13 February 2019
A recent case reminds practitioners of the importance of ensuring that a notice of severance accurately records all of the titles intended to be severed. Read more...
Children – parental responsibility; removal of
Wednesday, 13 February 2019
In what circumstances might the court order the removal of PR from the father? The author comments on a recent case which involved a unique set of circumstances justifying the removal of PR.  Read more...
Incompetence – not discrimination
Wednesday, 13 February 2019
The CA has held that an incompetent process does not amount to discrimination. Read more...
Sentencing – contempt of court
Wednesday, 13 February 2019
The Court of Appeal has ordered a new trial in relation to a claimant remanded to prison overnight for discussing evidence in a civil case.  Read more...


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