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17 July 2008 / Tamsin Cox
Issue: 7330 / Categories: Features , Property
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Property law update

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UNREASONABLE CAR PARKING SCHEME
UNEQUIVOCAL RENT DEMAND
PRESCRIPTIVE RIGHTS TO LIGHT

PARKING SCHEME
Shah & Ors v Colvia Management Co Ltd [2008] EWCA Civ 195, [2008] All ER (D) 256 (Mar) concerned a management company’s proposed alterations to a parking scheme in use by lessees of units in an industrial park. The management company (Colvia) had been established to manage an estate comprising some 87 industrial units held on 999 year leases, each lessee having shares in the company, and had subsequently acquired the freehold also, so that the estate was controlled by its occupants.

Two issues arose in relation to the parking provision at the estate: lack of space, and the imposition of non-domestic rates by the local authority. The space issue arose because the various parking areas provided room for only 350 to 370 vehicles. Additional pressure for parking was caused by the Claimants, who were six lessees who ran car repair companies from the estate.Taking into account cars awaiting inspection and repair as well as courtesy vehicles, these six lessees required around

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NEWS
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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
NLJ this week: Do Mandelson and Mountbatten-Windsor meet the misconduct bar?
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
NLJ this week: Supreme Court unlocks ‘lost years’ windfall for injured children
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
NLJ this week: Finality trumps freedom in arbitration showdown
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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