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Property law brief: quarterly review (October 2025)

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31 October 2025 / Fern Schofield , Gwyneth Everson
Issue: 8137 / Categories: Features , Property , Landlord&tenant , Nuisance
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Fern Schofield & Gwyneth Everson round up the headlines in property law, plus tackle procedural pointers & nuisance neighbours
  • Waller-Edwards v One Savings Bank Plc establishes that lenders are on inquiry of undue influence in any non-commercial transaction involving suretyship, aligning hybrid and pure suretyship cases.
  • Cases such as AmTrust Specialty v Endurance refine the approach to extended disclosure under PD 57AD, while Ap Wireless II v On Tower redefines the boundary between leases and licences.
  • Recent High Court and Upper Tribunal cases (Cooper v Ludgate House and Hassan v Heath) cover rights to light, restrictive covenants, and public benefit, showing courts’ pragmatic approach to property disputes and proportional relief.

This quarterly review considers several significant property law decisions from June to August 2025. The cases are grouped into three categories: high-level guidance from appellate courts, guidance, procedural developments, and disputes between neighbours.

High-level headlines

Waller-Edwards v One Savings Bank Plc [2025] UKSC 22

The Supreme Court

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MOVERS & SHAKERS

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NLJ this week: Comparators—how close is close enough?
Comparators remain the fault line of discrimination law. In this week's NLJ, Anjali Malik, partner at Bellevue Law, and Mukhtiar Singh, barrister at Doughty Street Chambers, review a bumper year of appellate guidance clarifying how tribunals should approach ‘actual’ and ‘evidential’ comparators. A new six-stage framework stresses a simple starting point: identify the treatment first
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In cross-border divorces, domicile can decide everything. In NLJ this week, Jennifer Headon, legal director and head of international family, Isobel Inkley, solicitor, and Fiona Collins, trainee solicitor, all at Birketts LLP, unpack a Court of Appeal ruling that re-centres nuance in jurisdiction disputes. The court held that once a domicile of choice is established, the burden lies on the party asserting its loss
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