Blog - General Civil

List of Issues – September 2021

A downloadable PDF of this article is available by clicking this link. LIST OF ISSUES In Parekh v London Borough of Brent [2012] EWCA Civ 1630 Mummery LJ had the following to say about lists of issues at paragraph 31 (my underlining). “A list of issues is a useful case management tool developed by the […]

Tags: Employment, General Civil

ASSERTING A STATUTORY RIGHT – September 2021

A downloadable PDF of this article is available by clicking this link. ASSERTING A STATUTORY RIGHT Under S 104 Employment Rights 1996 (ERA) an employee is protected from being dismissed for asserting a statutory right. S104 of the ERA provides as follows (my underlining): S 104 Assertion of statutory right.  (1) An employee who is […]

Tags: Commercial, Employment, General Civil

20th July 2021 – Court of Appeal  rejects objections based upon public nuisance

20th July 2021 GARLAND  & SALAMAN v SECRETARY OF STATE FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS & SURREY COUNTY COUNCIL:  [2021] EWCA Civ 1098 – Court of Appeal  rejects objections based upon public nuisance and  confirms DMO upgrading a footpath to a bridleway was correctly made. The judgment can be found here: https://www.bailii.org/ew/cases/EWCA/Civ/2021/1098.pdf   Article […]

Tags: General Civil, Property and Planning, Town and Village Greens

JULY 2021 – CIL PAYMENT EXEMPTION IS NOT AVAILABLE FOR SELF -BUILD HOUSES GRANTED RETROSPECTIVE PLANNING PERMISSION

Article by Trevor Ward click here for a downloadable PDF version   6th July 2021 HIGH COURT DECIDES THAT CIL PAYMENT EXEMPTION IS NOT AVAILABLE FOR SELF -BUILD HOUSES GRANTED RETROSPECTIVE PLANNING PERMISSION UNDER SECTION 73A OF THE TOWN & COUNTRY PLANNING ACT 1990 – Gardiner v Hertsemere Borough Council [2021] EWHC 1875 (Admin), 6th […]

Tags: General Civil, Property and Planning

Kinsey v LB Lewisham – May 2021

High Court Judgment provides important reminder as to the consequences of failures in planning officer’s reports leading to the grant of planning permission – R(Kinsey)  v London Borough of Lewisham & Anor  [2021] EWHC 1286 (Admin) 18th May 2021. The recent High Court decision has highlighted the importance of ensuring that officer reports leading to […]

Tags: General Civil, Property and Planning

Barton Park Estates – May 2021

High Court judgment provides useful reminder and summary of the case law in respect of the interpretation of planning permissions and the scope and effect of conditions as limitations to the permission –  Barton Park Estates Limited v The Secretary of State for Housing, Communities and Local Government, (2) Dartmor National Park Authority [2021] EWHC […]

Tags: General Civil, Property and Planning