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NLJ this week: Lessons from the 2024 crop of real estate litigation

14 February 2025
Issue: 8104 / Categories: Legal News , Property , Landlord&tenant , Housing , Nuisance
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From moths in the attic to the right to manage, 2024 provided a plethora of landmark real estate litigation cases. In this week’s NLJ, Ben Hatton, director of property litigation, Jordan Gulwell, lawyer, and Natasha Vij, trainee solicitor, at Clifford Chance, survey the stand-out cases and set out some lessons to learn from each.

These include the £36m claim regarding moths in a Notting Hill mansion, in which the High Court has just handed down judgment. Who could have guessed these little winged creatures could cause such havoc?

Other issues highlighted in the past year include whether a roof garden is an extra storey and the scope of the right to manage a mixed-use development. Hatton, Gulwell and Vij provide a succinct and informative overview of the main cases. 

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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