EG 15-08-2025-08-2020, 10:49
EG 15-08-20 App only edition
Dowse v City of Bradford Metropolitan District Council  UKUT 0202 (LC) - interesting case as the ground c exceptional case in an LRA02 application. It must adjoin the whole of the owned land, not just a part of it, also questioned whether the ‘reasonable belief’ of ownership could be possible if there had been previous disputes over it!
Legal Professional Privilege
Reviews two Court of Appeal decisions to answer two crucial questions:
- To what extent is the test for legal advice privilege different from the test for litigation privilege?
- To what extent can a confidential document emanating from a non-lawyer containing legal advice be privileged?
The latter question is particularly important in the modern commercial environment where a document might emanate from one department of a large company but may be considered by several different departments within that organisation, including the legal department.
Good one for property litigators
The great British railway property journey
Excellent article looking at the pitfalls of developing by a railway or buying railway land for development. Searches and enquiries, title issues - covenants, antiquated deeds, research, Network Rail, asset protection agreements, Railway Arches, etc.
Expert Knowledge required
Status, court directions under CPR part 35, what can go wrong, guidance for RICS experts, fees, and the Horsford case on enforcement of fee orders
Greening the economic recovery
Looks at climate change recommendations for buildings
Why e-signatures are the new norm for real estate
Second of 2 excellent articles, LR’s new policy issued on 27th July accepting e-signed documents subject to three requirements and limitations on their use
How did a covenant against further building operate in the wake of a fire?
Briant v Baldacchino  UKUT 0206 (LC) was an application under s.84(1) LPA25 for modification of a covenant against building where the original property had been burnt down and the owner wanted to rebuild it. Failed as they wanted to build a larger house that the destroyed cottage or 2 houses. . Indicated a more modest proposal for replacement of similar building wold be approved
The future of home ownership: missed opportunities?
Article commenting on the Law Commissions proposals for reform, including commonhold. Given past experience and changes will take years anyway..