Recent Landmark Judgements That Shaped Property and Land Law
Welcome to the blog of SQE Property Law & Land Law, where we delve into the world of property and land law to keep you informed and updated. In this article, we will be discussing some of the recent landmark judgements that have shaped property and land law in the UK. These judgements have not only influenced legal practices but have also set precedents for future cases.
1. R (on the application of Friends of the Earth Ltd and Frack Free Balcombe Residents Association) v Secretary of State for the Environment, Food and Rural Affairs (2019)
The first landmark judgement we’ll be discussing is the case of R (on the application of Friends of the Earth Ltd and Frack Free Balcombe Residents Association) v Secretary of State for the Environment, Food and Rural Affairs. This case revolves around the issue of hydraulic fracturing, popularly known as fracking, and its environmental impacts.
The judgement held that the government’s decision to allow fracking without considering its environmental impact was unlawful. This has had significant consequences for the fracking industry in the UK, as it has since become more difficult for companies to obtain permits for fracking operations.
For more information on this case and its implications, you can read our in-depth analysis here.
2. Tesco Stores Ltd v Dundee City Council (2012)
The second landmark judgement we’ll be discussing is the case of Tesco Stores Ltd v Dundee City Council. This case dealt with the issue of non-domestic rates and the classification of certain areas within a store for rateable purposes.
The judgement held that areas within a store, such as stockrooms and bakeries, should be treated as separate and rateable. This meant that Tesco’s argument, that these areas should be considered part of the “hereditament” and therefore exempt from rates, was dismissed. The ruling has had implications for businesses across the UK, as it has clarified the rateable status of different areas within commercial properties.
To read more about the implications of this case on non-domestic rates, you can check out our detailed analysis here.
3. Patel v Mirza (2016)
The third notable judgement on our list is the case of Patel v Mirza. This case addressed the issue of whether a claimant can recover money paid under an illegal contract.
The judgement established that the illegality defense, which prevents a claimant from enforcing an illegal contract, should be applied flexibly. The court held that public policy considerations should be taken into account, and the claimant may be able to recover money paid under an illegal contract if it is necessary to achieve justice.
Our comprehensive analysis of the implications of this judgement can be found here.
4. Manchester Ship Canal Company v Manchester Racecourse (2019)
The final landmark judgement we’ll be discussing is the case of Manchester Ship Canal Company v Manchester Racecourse. This case involved a dispute over a lease agreement and the interpretation of a clause concerning the payment of rent.
The judgement clarified the principles of contractual interpretation, emphasizing the importance of considering the wider context and commercial common sense when interpreting lease agreements. It reaffirmed the court’s approach in giving effect to the reasonable expectations of the parties involved.
If you want to learn more about the implications of this case on lease agreements, our detailed analysis is available here.
These recent landmark judgements have significantly impacted property and land law in the UK. They have set important precedents and provided clarity on various legal issues. At SQE Property Law & Land Law, we stay up to date with such judgements and their implications to ensure that our clients receive the most informed legal advice.
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