Court Report

Articles

EE Limited v Clocktower Investments: when easements substitute for occupation under the 1954 Act

Telecommunications apparatus on a clocktower raises questions about incorporeal hereditaments, business tenancy protection, and the limits of renewal rights.

Kennaugh v Information Commissioner: section 166 DPA 2018 cannot be used to challenge the merits of a complaint outcome

The First-tier Tribunal dismisses application where ICO had already issued an outcome, reaffirming the procedural limits of section 166.

Bristol City Council v CC: capacity, deprivation of liberty and the limits of residential autonomy

Court of Protection declares lack of capacity across multiple domains whilst affirming a narrow residence exception and authorising deprivation of liberty.

Muca v El Amrani and Harker v Hubert: pre-occupation gas safety certificates and the section 21 bar

Court of Appeal holds that failure to provide a gas safety certificate before a tenant first occupies is a permanent and irremediable bar to service...

Magomedov v TPG: Court of Appeal refuses to reopen permission to appeal refusal in Russian ports conspiracy claims

Application to reopen a refusal of permission to appeal in high-value conspiracy claims concerning two Russian port businesses dismissed; exceptional circumstances threshold under CPR 52.30...

Horsman v Attorney General: BVI merger recognised as universal succession to English land

When a BVI company merges, English law may vest its property in the surviving entity automatically.

Airconco v DC Air: copyright damages and the notional licence fee in the IPEC Small Claims Track

Court rejects copywriter cost approach in website text infringement appeal, upholding £10,000 award.

Lau v Dragon Cat Ltd: EAT clarifies extension of time rules for respondents' answers

A less rigid standard applies when respondents file late answers to EAT appeals, the Employment Appeal Tribunal has confirmed.