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14 February 2025 / Ben Hatton , Jordan Gulwell , Natasha Vij
Issue: 8104 / Categories: Features , Property , Landlord&tenant , Housing , Nuisance
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Lessons in real estate litigation

© Copyright LexisNexis 2026. All Rights Reserved.
Ben Hatton, Jordan Gulwell & Natasha Vij explore 2024’s stand-out cases in real estate litigation: what can we learn for the coming year?

  • The status of roof gardens, the right to manage in mixed-use developments, undisclosed moths, and insufficient evidence all kept the courts busy last year.

In 2024, the real estate litigation arena witnessed several landmark cases that have redefined legal interpretations and set new precedents. The cases address issues ranging from building safety to lease, and understanding these developments is crucial for stakeholders in the property sector. Whether you are a developer, property manager, or tenant, these cases may influence your rights and obligations in respect of the Building Safety Act 2022, security of tenure and beyond.

Determining high-risk buildings

The Smoke House case (Blomfield (flat 504) and others v Monier Road Ltd [2024] Lexis Citation 1049) arose from a dispute over the classification of a building as a higher-risk building (HRB) under the Building Safety Act 2022 (BSA 2022).

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NEWS
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NLJ this week: Tightening the screws on JCT terminations
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
NLJ this week: Old rules, fresh warnings in employment law
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
NLJ this week: The rise of the ‘ChatGPT client’ rattles the profession
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
NLJ this week: Surrogacy children caught in succession gap
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
NLJ this week: Online safety law at a crossroads
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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