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17 July 2026
Issue: 8170 / Categories: Legal News , Property , Leasehold , Public
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NLJ this week: Property cases reshape established principles

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land

Writing in NLJ this week, Fern Schofield and Gwyneth Everson of Falcon Chambers, review judgments likely to influence practitioners well beyond this quarter.

Among the highlights is confirmation that the historic rule in Pigot's Case still invalidates deeds materially altered after execution without consent. The authors also examine important rulings on lease renewals under the Landlord and Tenant Act 1954, collective enfranchisement, selective licensing and rights over open spaces, alongside appellate guidance on prescriptive rights of way.

One notable decision resolves long-standing uncertainty over service of collective enfranchisement notices during the registration gap, providing 'welcome clarity' for leaseholders and practitioners alike.

Together, the cases demonstrate how established property doctrines continue to evolve through modern litigation while remaining rooted in longstanding legal principles.

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National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

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Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
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