‘A High Court judge has rejected a legal challenge brought by Christchurch Borough Council over local government reorganisation in Dorset.’
Local Government Lawyer, 7th August 2018
Source: www.localgovernmentlawyer.co.uk
‘Two recent cases, one in the Court of Appeal, the other in the Supreme Court, have created significant uncertainty around the acceptability of email service. It seems that there may now be a disparity between the CPR and the Party Wall Act 1996, despite the similarities in the wording of the relevant provisions for the two regimes.’
Practical Law: Construction Blog, 14th March 2018
‘Government does not have parliamentary support for revised boundary changes, which would boost Tory election win chances, say Labour and Lib Dems.’
The Guardian, 17th October 2017
Source: www.theguardian.com
‘Boundary disputes are among the most expensive and acrimonious litigation. It is rare to find an area of law in which a “point of principle” so often leads to such disregard of otherwise compelling considerations such as time, energy and cost. Kerry Bretherton QC of Tanfield Chambers provides a summary of some of the main legal principles applicable in boundary disputes that RICS professionals should be aware of.’
Tanfield Chambers, 9th August 2017
Source: www.tanfieldchambers.co.uk
‘A judge accused warring neighbours of having “handbags in the cul-de-sac” after an 81-year-old man attacked a man living next door with a rounders bat.’
Daily Telegraph, 26th March 2017
Source: www.telegraph.co.uk
‘Third surveyors, the impartial arbiters of the party wall world, rarely feature prominently in party wall litigation. However, there have been two recent County Court cases in which the selection and purported removal of third surveyors has been considered by the Court, in both cases HHJ Bailey in the County Court at Central London.’
Tanfield Chambers, 2nd February 2017
Source: www.tanfieldchambers.co.uk
‘As the incredible rise of our transatlantic wall-building friend sets gently into the twilight of credulity, it provides us with an opportunity to get back to reality with the Party Wall etc. Act 1996 (PWA 1996).’
Hardwicke Chambers, 1st December 2016
Source: www.hardwicke.co.uk
‘You may wonder what it has to do with you if two or three electoral wards move from one constituency to another at the other end of the country.’
The Independent, 13th September 2016
Source: www.independent.co.uk
‘A pensioner who battled with his neighbours over a patch of land could be sent to jail if he walks on the grass outside his home.’
Daily Telegraph, 31st August 2016
Source: www.telegraph.co.uk
‘Did you know that a judge of the First-tier Tribunal (Property Chamber) may be able to hear a county court case and vice versa? Under a scheme being piloted at present, such a thing is indeed possible.’
Hardwicke Chambers, 13th June 2016
Source: www.hardwicke.co.uk
‘As most properties now have registered titles, the starting is to look to the Register for the boundary. However – this is subject to two obvious pitfalls:
1. The boundary is a “general boundary” unless it has been fixed (and few boundaries are fixed);
2. The start point was, is and will remain, the conveyance that divided the plot out – ie the first division from a larger piece. This may have been many years before – often over 100 years before.’
Park Square Barristers, 25th May 2016
Source: www.parksquarebarristers.co.uk
‘Two recent cases of the Upper Tribunal indicate clear differences in judicial opinion as to the jurisdiction of the Land Registration Division of the First Tier Tribunal (1) to make general findings as to the location of boundaries of registered titles and (2) to direct the Registrar to make entries in the Register reflecting those findings when those findings do not reflect an application that has been made for registration of a determined boundary.’
Tanfield Chambers, 21st April 2016
Source: www.tanfieldchambers.co.uk
‘For litigants and property practitioners alike the FFT Property Chamber Land Registration has a number of advantages; not least no tribunal fees and a free mediation service. However the recent case of Murdoch & or v Amesbury & or [2016] UKUT 3 (TCC) is a timely reminder that the tribunal is not simply an alternative for the county court.’
Hardwicke Chambers, 11th February 2016
Source: www.hardwicke.co.uk
‘Paragraph 83 of the National Planning Policy Framework (NPPF”) ((27 March 2012) did not lay down a presumption or create a requirement that the boundaries of the Green Belt had to first be altered via the process for changing a local plan before development might take place on the area in question. Paragraphs 87–88 of the NPPF plainly contemplated that development might be permitted on land within the Green Belt, without the need to change its boundaries in the local plan, provided “very special circumstances” existed.’
WLR Daily, 20th May 2015
Source: www.iclr.co.uk
‘A proclamation signed by the Governor General authorising alteration of the constituency boundaries in the territories of St Christopher and Nevis was made, under section 119 of the Constitution, when it was published in the Official Gazette; and it came into force, pursuant to section 50(6) of the Constitution, on the next dissolution of Parliament after it was made. Therefore, where the Governor General had dissolved Parliament with effect from 16 January 2015 and fixed the election date for 16 February 2015, and, by proclamation published in the Official Gazette on 20 January, authorised alteration of the constituency boundaries, the proclamation, having been made after the dissolution of Parliament, if valid only came into force on the dissolution of the Parliament elected in February 2015 and did not govern the 2015 election.’
WLR Daily, 11th May 2015
Source: www.iclr.co.uk
‘Rules that pave the way for the number of MPs to be reduced from 650 to 600 must be reversed, a parliamentary group has said.’
BBC News, 15th March 2015
Source: www.bbc.co.uk
‘The fact that an individual or a company is a litigant in person is not a reason for the “disapplication” of court orders, rules and directions, appeal judges have ruled.’
Litigation Futures, 5th January 2015
Source: www.litigationfutures.com
‘The aim of this seminar is to examine a number of commonly held misconceptions about boundary interpretation – “the myths” – and to look at one or two legends along the way.’
Full story (PDF)
No. 5 Chambers, 28th November 2014
Source: www.no5.com
‘Boundary disputes are rarely cost effective and the courts often make orders that make them disproportionately costly for the winner as well as the loser. Two recent cases demonstrate that risk and the importance of fully exploring and considering the available and/or potential evidence as early as possible.’
Hardwicke Chambers, 7th May 2014
Source: www.hardwicke.co.uk
© Inner Temple Library 2018