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Administration actions—table of cases

Administration actions—table of cases Validity of Wills Topic Case name Summary Author Revocation clause Re estate of Sangha, deceased (probate); Sangha v Estate of Sangha (represented by the second defendant pursuant to the Order of Master Bowles dated 5 April 2018) and others [2022] EWHC 2157 (Ch) News Analysis: Revocation clauses and section 9(d) of the Wills Act 1837 (Sangha v Sangha)The Court allowed the appeal deciding that the revocation clause in a Will disposing only of Indian assets had the effect of revoking a previous English Will and dismissed the appeal holding that it was not necessary for each witness to acknowledge their signature after the testator had acknowledged his signature to them, Francis Ng, Selborne Chambers Disclosure Topic Case name Summary Author Sealing of a Will Executor of HRH Prince Philip, the Duke of Edinburgh (Deceased) and another v Guardian News and Media [2022] EWCA Civ 1081 News Analysis: The sealing of Royal Wills vs principles of open justice (Executor of HRH Prince Philip, the...

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Property case tracker—2023 [Archived]

Property case tracker—2023 [Archived] The Property case tracker is a list of key judgments from 2023 which we consider relevant to property lawyers. Cases are listed in reverse chronological order. The tracker employs the following definitions: • AST: assured shorthold tenancy; • CVA: company voluntary arrangement; • FTT: First-tier Tribunal; • HMO: house in multiple occupation; • LPA: local planning authority; • NPPF: National Planning Policy Framework; • RRO: rent repayment order; • RTM: right to manage; • TCC: Technology and Construction Court; • UT: Upper Tribunal (Lands Chamber); • VTE: Valuation Tribunal for England See also the Property key future developments tracker, which tracks the progress and outcome of appeal cases, whereas this document provides a summary of all cases that we consider relevant to property lawyers. See further: • Property case tracker—2022 [Archived] • Property case tracker—2021 [Archived] • Property case tracker—2020 [Archived] December 2023 Case Judgment date Summary Clapham v Narga [2023] EWHC 3337 (Ch) 21 December 2023 Permission to appeal boundary decision The Chancery...

On-street parking orders

On-street parking orders Local authorities Parking a vehicle on a highway is at common law an obstruction of the public right of passage, but stopping has always been allowed for loading and unloading the vehicle and (for reasonable periods) during meal breaks or in case of mechanical breakdown. In any event, it is arguably not a real obstruction (ie not a nuisance at common law) if there is plenty of room to get past the parked vehicle. The Road Traffic Regulation Acts solved the problem by authorising some local authorities to permit on-street parking. With the permitting came control and then parking charges. Outside Greater London, the local authorities that can permit and control on-street parking are the county councils and the unitary (metropolitan district) councils. The power may be delegated from one local authority to another under section 101 of the Local Government Act 1972. It may be used as part of a ‘general scheme of traffic control’ within section 37 of the Road Traffic Regulation Act 1984...

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Are public owned car parks covered by the duty to maintain under section 41 of the Highways Act 1980?

Are public owned car parks covered by the duty to maintain under section 41 of the Highways Act 1980? There does not appear to be a specific authority on this point. Maintenance of a highway Section 41 of the Highways Act 1980 (HIA 1980) provides that the highway authority is under a duty to maintain the highway. It is the duty of the highway authority to maintain the road in such a state of repair as to be passable in safety at all seasons of the year. See Practice Note: The duty to maintain the highway. Highways that are maintainable at the public expense are further defined by HIA 1980, s 6. You may also find the attached Lexis+® UK Local Government Practice Note: Statutory adoption of highways: Maintenance responsibility useful on this point. Definition of highway The definition in the HIA 1980 covers any road, street, path, pavement, passage or right of way over which there is a public right of access. HIA 1980, s 328...

Is there any case law on designation of a supervision order specifically looking at the wording in paragraph 9(1)(b) of Schedule 3 to the Children Act 1989 which says ‘or will live within their area’? Must the intent to live in the area be backed up with proof, for example a tenancy agreement or something similar?

Is there any case law on designation of a supervision order specifically looking at the wording in paragraph 9(1)(b) of Schedule 3 to the Children Act 1989 which says ‘or will live within their area’? Must the intent to live in the area be backed up with proof, for example a tenancy agreement or something similar? Paragraph 9(1) of Schedule 3 to the Children Act 1989 (ChA 1989) governs when a supervision order may designate a local authority as the supervisor. It provides that a supervision order shall not designate a local authority as the supervisor unless the authority agrees (ChA 1989, Sch 3, para 9(1)(a)), or the supervised child lives or will live within the authority’s area (see ChA 1989, Sch 3, para 9(1)(b)). ChA 1989, Sch 3, para 9(1) is different from the test for designation of a local authority in a care order set out at ChA 1989, s 31(8), where the authority must be the authority within whose area the child is...

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Family weekly highlights—28 November 2024

This week's edition of Family weekly highlights includes details of the launch of the domestic abuse protection order pilot, Family Public Law release note 5 of 2024 and speeches by Lord Justice Jackson and Mr Justice MacDonald. A new local practice note enforcing strict adherence to the Public Law Outline in London family courts is considered. Recent judgments on the separate representation of children following a 1980 Hague Convention return decision and charging orders, interest on arrears and the application of the fixed costs regime are also set out.

Construing local authority policies when issuing civil penalty notices (City of Bradford MDC v Kazi)

Local Government analysis: The Court of Appeal has ruled that a local authority (and on appeal, the First-tier Tribunal (‘FTT’)) did not fetter their discretion when applying a policy in order to calculate fines imposed on a landlord by civil penalty notices (‘CPNs’) served under the Housing Act 2004 (HA 2004). The Upper Tribunal (‘UT’) had been wrong to interpret a provision in the policy as being so unduly rigid as to amount to an unlawful fetter of discretion. The provision was concerned with a percentage adjustment to the penalty in light of aggravating and mitigating factors. Written by Tara O'Leary, barrister at Cornerstone Barristers.