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06 October 2017
Issue: 7764 / Categories: Case law , Law digest , In Court
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Tort

South Gloucestershire Council v Burge and another [2017] EWCA Civ 1313, [2017] All ER (D) 14 (Oct)

The provisions of art 9(4)(c) of the Tree Preservation Order 2007 (TPO) related to the exclusions of the entitlement to compensation under art 9 of the TPO and were not tied to a specific point in time at which the question fell to be considered. The Upper Tribunal (Lands Tribunal), in deciding compensation, had restricted its conclusions solely to a particular point in time. The Court of Appeal, Civil Division found that that had been to impose an artificial constraint on the consideration of reasonable foreseeability of the relevant ‘loss or damage’ and reasonable steps ‘to avert it’ or ‘to mitigate its extent’.

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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