Land boundaries: Don’t be over-reliant on the registered title plan
The Court of Appeal (CoA) had to assess the limit of Section 75 of the Land Registration Act (LRA) 1925 and general boundaries rules in adverse possession. Background: The case
When filing a winding-up petition electronically, you must comply with all the requirements
The Court of Appeal (CoA) was faced with a ‘deceptively simple’ question of when a winding-up petition is to be presented. Background: The appellant company and the respondent
Lex situs still applies, so properties in England cannot form part of a foreign bankrupt’s estate
The Supreme Court was faced with a very peculiar case in which one of the parties tried to enforce a foreign judgement on a property situated in the UK. The question was,
Enhanced Capital Allowance claims – the 10-year limit is a strict one
The Supreme Court sets new precedent on Enhanced Capital Allowance claims in enterprise zones. Background: The Tyne Riverside Enterprise Zone, which included the Cobalt Business
When it comes to property disputes, adopt one position and stick to it
The Court of Appeal (CoA) was faced with an unusually long-running family dispute and the question as to whether one of the party's claims for adverse possession was an abuse of
Preparatory steps to set up a new company are not a breach of fiduciary duty
The Court of Appeal (CoA) had to answer the question as to what former directors can do as planning before it is considered a breach of their fiduciary duty. Background: On 10
Fair rent determination: Ensure that you provide good comparables
The Upper Tribunal (UT) heard an appeal against a First-tier Tribunal (FTT) decision regarding fair rent determination under the provisions of Section 70 of the Rent Act
Re-use of a company’s name and the non-dormancy requirement
The High Court was faced with a case regarding the re-use of a company name and whether the relevant company was indeed dormant within 12 months of liquidation.
An equitable tenant could constitute a qualifying tenant
The Upper Tribunal (UT) was faced with the question of whether a tenant under a long equitable lease could be regarded as a qualifying tenant for the purpose of the Commonhold and
Asset demerger and reduction of capital – ensure that you comply with statutory requirements
The High Court was faced with the question of whether a scheme and the associated reduction of capital were compliant with the statutory requirements under Section 641 and