Law update 10 key takeaways

Law Update 10 Key Takeaways

1. Adverse Possession

2. Restrictive covenant

3. Litigation

4. Boundaries

5. Employment status

6. Capital/RevenueNature of expenses

8. Negligent valuation

7. Nuisance

10. Reasonable adjustment for disability

9. Proprietary estoppel

Land Law - Adverse possession Takeaway:

Brown v Ridley and another [2024] UT If claiming the ‘reasonable belief’ condition regarding adverse possession, ensure evidence supports that the belief endured to the point of application. BUT … The judge (Chamber President, Edwin Johnson J) noted his disagreement with Zarb. He thought that any 10 year period should suffice, not least due to the built in absurdity of the alternative. Although bound by Zarb, he set out his views [at 122] in case they should be helpful should the matter be raised again. ...Watch this space!

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Land Law - Restrictive Covenant Takeaway:

Staffordshire CC v Roe Lane Farm Housing Estate [2024] UKUT A positive result cannnot be secured (i.e. enforcing educational use) by retaining a negative covenant. The objectors couldn't prove there was any practical benefit to protect which the reasonable use as a residential development would harm.

Litigation - Breach of TPO Takeaway:

Matur and Ors (2023) Woodgreen Crown Court Simply, do not breach TPOs! It is immoral as well as illegal. Dangerous and diseased trees can, of course, be felled

Land Law - Boundaries Takeaway:

Charlton v Forrest [2024] Ch Key evidence and resources in boundary cases:

• RICS and Land Registry boundaries guides
• Land Registry plans (indicative only)
• Conveyance plans (PLEASE retain old documentation on registration)
• OS maps, over the years
• Aerial photographs
• Other photographs
• The land!! Topographical evidence.

Taxation - Employment status Takeaway:

HMRC v Professional Game Match Officials [2024] SCSelf-employed? - Consider your own treatment if working extensively for one organisation.Employer? Treating people as self-employed when they should be employees can be anexpensive mistake.Think carefully about the measure of control you have over their work, their hours,method of work, provision of equipment, training, and more. Nothing new here, butif they lack complete autonomy, seek advice about which side of the dividing linethey fall. HMRC agree to stand by the outcome of the use of the online status checker, subject to full and correct information having been entered, of course. HMRC status check:

Taxation- Capital/Revenue - Nature of expenses Takeaway:

Centrica Overseas Holdings Ltd v HMRC [2024] SC When making unusual (e.g. at start up and cessation of business) or arguable (e.g. work on buildings) expenditure, have detailed discussions with tax advisers on the nature and timing of costs. It can make a BIG difference!

Tort - Nuisance Takeaway:

Davies v Bridgend County Borough Council [2024] SC There can still be a claim for nuisance which existed before occupation if it is causative of loss and not dealt with appropriately.

Tort- Negligent valuation Takeaway:

Hope Capital v Alexander Reece Thomson [2023] KBD Simple ‘advice’/‘information’ analysis of valuer role should not be made without wider consideration. Courts will look to the underlying reason for the work - purpose of duty undertaken. Don’t panic! - if ‘reasonable care’ is clearly evidenced, then claims should be relatively easy to defended in most ‘straight forward’ valuations. Hart v Large may still have had the same result - key issue there was about who should bear loss in a consumer contract.

Business - Proprietary estoppel Takeaway:

Dixon v The Crown Estate Commissioners [2023] Ch When companies are dissolved, be systematic in checking that no assets are still held by the company at the date of dissolution.

Business - Reasonable adjustments for disability Takeaway:

Pipe v Coventry University [2024] CA Coventry University withstood close scrutiny of whether their promotion framework constitutes ‘proportionate means of achieving a legitimate aim’ with regard to disability and indirect discrimination claims. (Equality Act s15(1)(b)) Be aware of these underlying frameworks of employment. Even if you win – giving a glimmer of a gap for litigation is financially and emotionally exhausting.