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17 July 2008 / Tamsin Cox
Issue: 7330 / Categories: Features , Property
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Property law update

UNREASONABLE CAR PARKING SCHEME
UNEQUIVOCAL RENT DEMAND
PRESCRIPTIVE RIGHTS TO LIGHT

PARKING SCHEME
Shah & Ors v Colvia Management Co Ltd [2008] EWCA Civ 195, [2008] All ER (D) 256 (Mar) concerned a management company’s proposed alterations to a parking scheme in use by lessees of units in an industrial park. The management company (Colvia) had been established to manage an estate comprising some 87 industrial units held on 999 year leases, each lessee having shares in the company, and had subsequently acquired the freehold also, so that the estate was controlled by its occupants.

Two issues arose in relation to the parking provision at the estate: lack of space, and the imposition of non-domestic rates by the local authority. The space issue arose because the various parking areas provided room for only 350 to 370 vehicles. Additional pressure for parking was caused by the Claimants, who were six lessees who ran car repair companies from the estate.Taking into account cars awaiting inspection and repair as well as courtesy vehicles, these six lessees required around

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MOVERS & SHAKERS

Slater Heelis—Probate & Court of Protection team

Slater Heelis—Probate & Court of Protection team

Slater Heelis brings Probate and Court of Protection expertise together with new dedicated team

Clarke Willmott—Antonia Power

Clarke Willmott—Antonia Power

Antonia Power joins Clarke Willmott in Taunton

Haynes Boone—Chris Acton

Haynes Boone—Chris Acton

Chris Acton joins Haynes Boone as chair of UK derivatives platform

NEWS
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
Workplace bullying and harassment can no longer be left solely to HR, as financial regulation scrutinises culture, character and fitness
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