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Property case law: quarterly review (April 2025)

18 April 2025 / Fern Schofield , Gwyneth Everson
Issue: 8113 / Categories: Features , Property , Landlord&tenant , Housing
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In the first part of a new series for NLJ, Fern Schofield & Gwyneth Everson set out the facts & the significance of the most noteworthy property cases from the past few months
  • In the Supreme Court, judgments brought much-needed clarity on the doctrine of merger and on adverse possession.
  • The Court of Appeal clarified the scope of s 7 of the Interpretation Act 1978, and the High Court ruled on rights of first refusal, complex factual and legal background, and the limits of human rights arguments in property disputes.
  • The Privy Council ruled on the repudiation of lease, and the Hong Kong Court of Appeal distinguished between two types of trustees for limitation purposes.

Staying up to date with the latest legal developments is both a growing challenge and a critical responsibility for property lawyers. The first quarter of 2025 has brought a number of significant judgments that are essential to understand. In this article, we review landmark property cases from December

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MOVERS & SHAKERS

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

Gilson Gray—Jeremy Davy

Gilson Gray—Jeremy Davy

Partner appointed as head of residential conveyancing for England

DR Solicitors—Paul Edels

DR Solicitors—Paul Edels

Specialist firm enhances corporate healthcare practice with partner appointment

NEWS
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
Professor Dominic Regan of City Law School and the Frenkel Topping Group—AKA The insider—crowns Mazur v Charles Russell Speechlys LLP as his case of 2025 in his latest column for NLJ. The High Court’s decision—that non-authorised employees cannot conduct litigation, even under supervision—has sent shockwaves through the profession. Regan calls it the year’s defining moment for civil practitioners and reproduces a ‘cut-out-and-keep’ summary of key rulings from Mr Justice Sheldon
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