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England and Wales Case Law

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Property law

MDM Civil Engineering Limited v Scott Morgan

The Upper Tribunal modified a recent restrictive covenant to allow a third dwelling, finding the covenant no longer gave Rysa a practical benefit of substantial value.

  • Restrictive covenants
  • Modification of covenant
  • Section 84 law of property act 1925
  • Grounds (a), (aa) and (c)
  • Discretionary modification
  • Planning permission
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Property law

Rose Builders (Properties) Limited v Alpha Trust

The High Court held that the covenant benefit over the Green Land had not passed to Alpha Trust, but had been transferred in relation to the Sliver.

  • Restrictive covenant
  • Overage agreement
  • Assignment of benefit
  • Estoppel by deed
  • Contract interpretation
  • Planning permission
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Planning law

Camilla Swire, R (on the application of) v Canterbury City Council

Canterbury City Council acted lawfully and rationally in granting planning permission for the slip road development without requiring an Environmental Impact Assessment. The Council properly considered the loss of Park and Ride capacity, relied on consultation responses from the highways authority, and was entitled to conclude that the environmental effects were not likely to be significant. The Council complied with its duty to inform itself and was not required to assess hypothetical future expansion schemes for the P&R. The reliance on section 278 Highways Act 1980 did not render the decis…

  • Environmental impact assessment (eia)
  • Judicial review
  • Planning permission
  • Highways law
  • Local government
  • Transport assessment
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Professional negligence

Kristian Siem & Ors v Womble Bond Dickinson (UK) LLP

Professional negligence claim against Womble Bond Dickinson dismissed after the court found no breach, no causation, and no realistic planning chance.

  • Solicitors' duties
  • Assumption of responsibility
  • Implied retainer
  • Limitation and exclusion clauses
  • Causation
  • Planning permission
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Planning law [2026] EWHC 1172 (Admin)

Arun District Council v Secretary of State for Housing, Communities and Local Government & Ors

Arun District Council v Secretary of State for Housing, Communities and Local Government & Ors [2026] EWHC 1172 (Admin) (15 May 2026)

The High Court refused Arun District Council permission for section 288 review after late service on the developers deprived the court of jurisdiction.

  • Statutory review
  • Service of claim form
  • Extension of time
  • Jurisdiction
  • Planning permission
  • Sustainable drainage systems (suds)
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Planning law

John Kerr v Welsh Ministers & Ors

The High Court dismissed a section 288 challenge to a planning inspector’s decision, holding that a lawful development certificate did not restrict motorcycle numbers.

  • Statutory review
  • Interpretation of lawful development certificates (cleud)
  • Planning permission
  • Material considerations
  • Procedural fairness
  • Planning-law
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Administrative law [2026] EWCA Civ 541

Hilltop Experiences Ltd, R (On the Application Of) v Norfolk County Council

Hilltop Experiences Ltd, R (On the Application Of) v Norfolk County Council [2026] EWCA Civ 541 (06 May 2026)

Court of Appeal dismissed a planning judicial review challenge over a new household waste recycling centre, holding the alternatives assessment and officer report were not unlawful.

  • Judicial review
  • Planning permission
  • Material considerations
  • Error of fact
  • Officer's report
  • Alternative sites
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.