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Lessons in real estate litigation

14 February 2025 / Ben Hatton , Jordan Gulwell , Natasha Vij
Issue: 8104 / Categories: Features , Property , Landlord&tenant , Housing , Nuisance
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Ben Hatton, Jordan Gulwell & Natasha Vij explore 2024’s stand-out cases in real estate litigation: what can we learn for the coming year?

  • The status of roof gardens, the right to manage in mixed-use developments, undisclosed moths, and insufficient evidence all kept the courts busy last year.

In 2024, the real estate litigation arena witnessed several landmark cases that have redefined legal interpretations and set new precedents. The cases address issues ranging from building safety to lease, and understanding these developments is crucial for stakeholders in the property sector. Whether you are a developer, property manager, or tenant, these cases may influence your rights and obligations in respect of the Building Safety Act 2022, security of tenure and beyond.

Determining high-risk buildings

The Smoke House case (Blomfield (flat 504) and others v Monier Road Ltd [2024] Lexis Citation 1049) arose from a dispute over the classification of a building as a higher-risk building (HRB) under the Building Safety Act 2022 (BSA 2022).

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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