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England and Wales decisions
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The Upper Tribunal held that flats in a building that is an HMO under s.254(4) can still be separate Part 3 houses, so selective licensing penalties were upheld.
A claim under section 82(1)(b) of the New Roads and Street Works Act 1991 arises under a provision expressed as conferring a right to compensation. Therefore, by section 96(3)(2), such claims are excluded from the mandatory arbitration regime and must be litigated in court.
Source excerpt
Muca v El Amrani [2026] EWCA Civ 515 (30 April 2026)
The Court of Appeal held that section 21A barred section 21 notices where landlords had not given tenants pre-occupation gas safety certificates, despite later certificates.
The High Court granted anticipatory and adjudication-based Building Liability Orders against the Ardmore group in a Building Safety Act dispute.
The Court of Appeal held that unauthorised staff may perform litigation tasks for an authorised individual, if the authorised person retains responsibility and proper supervision is in place.
Titchfield Festival Theatre Ltd v Secretary of State for Housing, Communities and Local Government & Anor (Rev1) [2026] EWCA Civ 368 (26 March 2026)
The Court of Appeal held that section 57(4) TCPA 1990 does not require spatial unity and must be applied on the statutory counter-factual that the enforced breach had not occurred.
The Upper Tribunal dismissed Icon Tower’s appeal on whether its plan to replace an existing mast showed a genuine intention to redevelop under the Electronic Communications Code.
The Court of Appeal held that, under the Water (Meters) Regulations 1988, meter readings are evidence of water supplied unless the meter is shown by statutory testing to register incorrectly.
Cadent Gas Ltd v CityFibre Ltd [2026] EWCA Civ 46 (05 February 2026)
The Court of Appeal held that a section 82(1)(b) claim under the New Roads and Street Works Act 1991 is excluded from mandatory arbitration by section 96(3)(2).
The Privy Council held that “independent” in section 3(2)(d) means not controlled or influenced by Government, Business or Labour, and dismissed the appeal.
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