Case Law and Tribunals

Our comprehensive hub for navigating the legal landscape of property disputes and regulations. In this section, we delve into precedent-setting cases, legal interpretations, and tribunal decisions that shape property law and governance.

Wild Duck Limited v Smith and Others [2018]

This case in the Court of Appeal considered the need under a tripartite lease for a landlord to step in when a management company fails to perform

9 October 2018
The Crown Estate Commissioners v Whitehall Court London Limited [2017]

This case determined that for the purposes of Schedule 13 Paragraph 3(2)(b) of the 1993 Act, the “no-Act rights” assumption extends not only to the subject flat, but to any other flat in the building.

1 October 2018
Klosterkotter-Dit-Rawe v Greyclyde Investments Limited [2017]

Interim service charges: is certification a condition precedent to liability to pay?

30 September 2018
Marlborough Park Services Ltd v Micha Leitner (2018)

This case provided guidance as to when previously uncontested service charges may be challenged.

31 August 2018
CQN RTM Co Ltd v Broad Quay North Block Freehold and another [2018]

This case considers when a building can be defined as ‘structurally detached’ in the context of an RTM claim?

14 August 2018
Ryan v Villarosa [2017]

A sharp distinction should be drawn between a scheme of obligations under a lease, and any other declarations made under it.

1 August 2018
Dangers of Japanese Knotweed

The Court of Appeal decision in Network Rail Infrastructure Ltd v Williams and Waistell is considered by CMS Law-Now.

5 July 2018
Avon Ground rents v Child (2018)

This case highlighted the key issues in dealing with transferred and double-hatted proceedings.

28 June 2018
Raising the Roof

In this two-part article, Barrister Michael Walsh examines the challenges faced by a developer when considering rooftop developments of existing buildings.

5 June 2018
Corvan (Properties) Limited v Abdel-Mahmoud [2018]

A landmark case that determined when a management agreement is a QLTA.

20 May 2018

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