Court Report

Articles

Re Poundstretcher: cross-class cramdown survives even when six landlord classes say no

The Chancery Division sanctions Poundstretcher's restructuring plan despite six dissenting landlord classes, applying the Adler and Petrofac framework.

Ponsford v Sali: a property partnership's messy divorce shows why documentation wins partnership disputes

The Chancery Division takes a pragmatic, evidence based approach to untangling a property partnership built on undocumented cash dealings.

North Somerset District Council v Secretary of State: failing the flood sequential test is not the end of the story

The Planning Court confirms that a failed flood risk sequential test still gets weighed in the planning balance, not treated as an automatic refusal.

Thomas Armstrong (Aggregates) v Housing Secretary: when landfill buries a quarry's right to be reviewed

The Planning Court applies Pilkington and Hillside to find a 1954 quarry permission can no longer be revived under the ROMP regime.

Clerkenwell Lifestyle v HG Construction: be careful what you call "agreed" in extension of time correspondence

The TCC enforces a £955,943 adjudication award after rejecting a contractor's late attempt to recast email exchanges as a binding settlement.

Ward v Donnellan: when both sides lie, "no order for costs" is not a free pass

The Court of Appeal overturns a no order for costs ruling, finding a judge let a dishonest claimant off too lightly.

London Borough of Camden v BW: when a single missing fact can decide a capacity case

The Court of Protection finds an expert's failure to explore one consequence, losing a placement, was enough to undermine his capacity assessment.

Griffiths v Essex County Council: EAT clarifies causation in discrimination remedy awards and sends pension loss back for recalculation

A single act of indirect disability discrimination can ground a full loss of earnings award, even where a later constructive dismissal claim was framed only...