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Compulsory Purchase and Development Value – Court of Appeal Ruling

When private land is compulsorily acquired by public authorities, former owners are entitled to compensation equal to its open market value, which includes any development potential. That point was made in a Court of Appeal case concerning a field that was needed by a local authority for construction of a new school. The council argued that compensation payable...

Dependent on Your Website? Do You Know Who Owns the Domain Name?

Websites are the lifeblood of thousands of modern businesses so it is surprising how many of them do not know who owns their Internet domain names. In one case that highlighted the issue, a dry ski slope suffered serious disruption to its business when its website and emails were rendered inoperable. The ski slope’s domain was registered in the name of a...

Service Charges – Landlord Pays Dearly for Failing to Read the Lease

When it comes to issuing service charge demands, landlords must stick to the letter of leases or risk recovering nothing at all – even if that results in tenants receiving an unwarranted windfall. The Court of Appeal made that point in relieving a residential tenant of liability to pay service charges over a four-year period. Under the terms of the relevant...

Employment Tribunals Can Appoint Litigation Friends – Landmark Decision

It has for a very long time been possible for vulnerable people to be represented in court by litigation friends so that they can have proper access to justice. Now, in a decision of general public importance, that right has for the first time been extended to proceedings before an Employment Tribunal (ET). The case concerned a woman who had succeeded in...

Trade Union Induced Prison Officers to Breach Discipline – High Court Ruling

Certain key workers whose jobs are vital to the proper functioning of the Government are denied the right to take industrial action afforded to everyone else. Prison officers are amongst them and, in a guideline decision, the High Court took a robust approach in prioritising the needs of the state over individual interests. The case took place against the...