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13 September 2024 / Andrew Francis
Issue: 8085 / Categories: Features , Property , Local authority , Nuisance
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Property: what lies beneath?

188886
Andrew Francis considers two ‘subterranean’ property cases, highlighting the importance of knowing what’s underneath the surface—literally & metaphorically
  • Considers in depth two cases, one concerning high-voltage electricity cables and the other related to Japanese knotweed.
  • These cases show how those involved in property transactions and related litigation should ask key questions in order to avoid or resolve disputes.

Unlike the film about supernatural events under the same title, released in 2000 (observant readers may have noticed the presence of the question mark in the title, differentiating this piece from the film), the topic considered in this article concerns two court judgments of high authority relating to what lies beneath land in very different circumstances.

These judgments concern high-voltage electricity cables and Japanese knotweed. Both are ‘live’ and the evidential thread which links them is that the source of the dispute was that each lay beneath the surface. The first is about solicitor’s professional negligence and the second is about causation of loss in private nuisance claims. The cases are Spire Property

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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