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Carol Scobbie
05/12/2016: P Walsh and H Lester v C Lester [2016] NICA 50 McBride J delivered the judgment of the Court of Appeal in this matter. The Court was asked to consider whether the appellants had unreasonably withheld consent to the respondent’s request to build a dwelling house, on the basis that it would obstruct the sea view from the appellant’s property, in breach of the lease under which the respondents held the land. The lease was created in the 1980s for a term of 9,000 years with a nominal rent. It related to a building site with outline planning permission, which was renewed on a number of occasions. Full planning permission was obtained in 2013 for a dwelling house different in design to that in the outline planning permission. One of the terms of the lease stated that the ...
Lester Doake
Following on from the last update on activity sent out at the end of May, this is a good time to catch up again. Just like us, the people who connect with the firm are always on the move, so thanks to everyone in the team for working on finalising the more mobile-friendly version of our website. Thanks also for continuing to support the efforts of the Charity Team and for engaging with our internal service improvement projects - we are set to build on everyone’s good work next year. Engagement with the Insurance Institute and MLN continues into 2017, with great feedback from the events in 2016 - kicked off ...
McKinty and Wright
Gillen LJ opens the Preface to Review of Civil and Family Justice: The Review Group’s Draft Report On Civil Justice (the Draft Report) with a particularly apt quote: – “As the usages of society alter, the law must adapt itself to the various situations of mankind.”[1] Launched in September 2015, the Review of Civil and Family Justice in Northern Ireland is wide-reaching. Its remit includes looking at the scale costs system and opportunities to streamline court procedures and improve case management. Its methodology includes the examination of best practice and experience in other comparable jurisdictions. ...