HMLR has updated PG62 (easements) with a useful note on abandonment of easements. Section 12.2.3 now reads: ‘12.2.3 Abandonment The person entitled to the easement must not only have stopped exercising it, but also to have “demonstrated a fixed intention never at any time thereafter to assert the right himself or to attempt to transmit …
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The CA has heard a case which considered, among other things, whether an order under s19(1) Landlord and Tenant Act 1987 creates an interest in land. The CA summarised the appeal as follows: ‘1. This appeal is concerned with the process by which tenants may purchase the freehold of premises pursuant to the Landlord and …
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There was no arguable ground to adduce fresh expert evidence under s23(3) CAA 1968 allowing an appeal against conviction. D was sentenced to a total of 42 months’ imprisonment on conviction of two counts of causing GBH under s18 OAPA 1861. He appealed and sought to introduce fresh expert psychological evidence. Before being sentenced, the …
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Commercial property practitioners will want to keep an eye on the progress of the Law Commission consultation on Part 2 of the Landlord and Tenant Act 1954. This statute has been the cornerstone of the commercial property market for 70 years, but the Law Commission think it is ripe for review. The Law Commission perceives …
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Delay has become a serious problem in the criminal justice system, with lengthy periods often passing before an offender is charged – and further delays before a trial date is set. In this case, there was a delay between D being interviewed in 2017 and being charged in 2023. The CA concluded that the sentencing …
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It seems odd to report on something that has not hit the statute books, but so much has been written about the Renters (Reform) Bill that it does seem appropriate to report that it has been shelved, for the time being at least. This is the Bill which has been on the cards since 2019 …
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The EAT has heard an appeal against striking out a claim after the claimant destroyed evidence. The case summary is as follows: ‘Practice and procedure – striking out – rule 37(1)(b) Employment Tribunal Rules 2013 The claimant had succeeded (in part) on her claims of sexual harassment, discrimination and victimisation. A hearing on remedy was …
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The CA has heard an interesting case in which they considered the extent to which trial judges should attempt to analyse scientific papers. The context was care proceedings relating to two children, one of whom had hit his head as a baby requiring a CT scan which revealed various injuries. The hospital staff suspected that …
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The EAT has heard a case involving striking out after the claimant failed to comply with an unless order. The case summary is as follows: ‘Practice and procedure The Employment Tribunal (“the ET”) made an unless order against the Appellant on 2 November 2020. On 15 January 2021 notice confirming that it had not been …
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The SRA has fined two solicitors who were acting as professional attorneys in a salutary tale. The solicitors were acting as attorneys for Mrs H under an LPA dated 2013. The facts are that the attorneys: failed to ensure that conditions of the home insurance policy relating to Mrs H’s property were met; used Mrs …
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