PROPRIETARY ESTOPPEL – claim based on long term assurances
Guest v Guest
Loxleigh Investments Ltd v Dartford Borough Council
OVERAGE – Meaning of detailed planning permission – claim for additional payment
Foster v HMRC
INHERITANCE TAX – 6.39 acres of agricultural land – residential development potential – window of opportunity during a period of housing land supply shortage – emerging development plan – access and ecological constraints – glut of development sites – whether a “bottom up” or “top down” valuation approach appropriate – open market value determined at £590,000
Payne v Maldon District Council
RESTRICTIVE COVENANTS – DISCHARGE – 1.83 ha with outline planning permission for residential development – 1984 planning agreement under Town and Country Planning Act 1971 preventing erection of buildings – Tribunal’s jurisdiction to discharge or modify – modification ordered limited to planning permission – section 84(1)(aa) Law of Property Act 1925
CTIL v Ashlock Ltd & AP Wireless II (UK) Ltd
ELECTRONIC COMMUNICATIONS CODE – JURISDICTION – whether an operator occupying land under a tenancy to which Pt II, Landlord and Tenant Act 1954 applies may seek new rights under Part 4 of the Code – Parts 4, 5 of Sch.3A, Communications Act 2003 – transitional provisions – Sch.2, Digital Economy Act 2017
Wild v Wild
FARMING PARTNERSHIP – Dissolution of Partnership – orders for winding up and accounts – other relief – determination of partnership assets
Kingsley v Kingsley
FARMING PARTNERSHIP – Partnership Action & Possession Claim – dissolution of partnership following death of partner – winding up of Partnership – order for sale claim under Trusts of Land and Appointment of Trustees Act 1996 – order for possession claim
Duke of Somerset v Others (Duchess of Somerset, Seymour, Fitzgerald & Eidinow)
VARIATION OF TRUSTS ACT 1958 – Settled Land Act 1925 – application under s.1 of the 1958 Act – was the settlement for the benefit of the unborn and unascertained beneficiaries – was a further supplemental order required under either s.64 of the Settled Land Act 1925 or under s.57 of the Trustee Act 1925 – enlargement of administrative powers of the trustees – did Settled Land Act 1925 still apply to the Settlement.
CTIL v Central Saint Giles General Partner Ltd & Clarion Housing Association Ltd
ELECTRONIC COMMUNICATIONS CODE – COSTS – access for inspection of potential site – operator claiming full Code rights on interim basis for MSV – building owner and head lessee refusing access – agreement reached at door of tribunal – respondents adjudged successful parties – costs of reference disproportionate – limited to £5,000 per respondent
Rosser v Inland Revenue
INHERITANCE TAX – agricultural property relief – house and barn owned by the deceased – house and barn not agricultural land – property for the purposes of IHTA 1984 s115(2) restricted to agricultural land within the estate of the deceased – house not a farmhouse – barn was of a character appropriate to the property – barn owned and occupied for the relevant period – house not entitled to agricultural relief – barn entitled to agricultural relief – IHTA 1984 s115(2), s116 and s 117