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14 February 2025 / Ben Hatton , Jordan Gulwell , Natasha Vij
Issue: 8104 / Categories: Features , Property , Landlord&tenant , Housing , Nuisance
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Lessons in real estate litigation

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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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