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13 September 2024
Issue: 8085 / Categories: Legal News , Property , Local authority , Nuisance
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NLJ this week: Is there something living beneath this property?

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Can we ever truly know what lies beneath? The worst fears of property lawyers & their clients can come alive, as Andrew Francis, barrister at Serle Court, writes in this week’s NLJ

‘Alive’ is meant literally in the two cases he examines; one concerns high-voltage electricity cables and the other relates to the monstrously fertile plant, Japanese knotweed.

For the solicitors involved, the discoveries resulted in a professional negligence lawsuit regarding the cables and a private nuisance claim over the knotweed.

Francis looks at the circumstances, legal issues and findings. He writes: ‘Both cases are examples of the need in transactions and in litigation to look at what lies beneath property, both literally and metaphorically.’ 

Issue: 8085 / Categories: Legal News , Property , Local authority , Nuisance
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MOVERS & SHAKERS

Sidley—James Inness

Sidley—James Inness

Partner joins capital markets team in London office

Haynes Boone—William Cecil

Haynes Boone—William Cecil

Firm announces appointment of partner as UK general counsel

Devonshires—Nicholas Barrows

Devonshires—Nicholas Barrows

Firm appoints first chief marketing officer to drive growth strategy

NEWS
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
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