A buyer under a conditional contract was entitled to determine the contract and recover their deposit even though the circumstances entitling them to do so arose from their own breach of their obligations under the contract. There was nothing in the contract to suggest that the parties had intended that breach should debar a party from so doing, and it would not be appropriate to imply such a term into the contract, as such a term was neither required for business efficacy nor obvious.
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Property Law Library
This section of the site contains articles, case reports and other material written by our expert team of highly experienced and knowledgable barristers, solicitors and legal commentators, with links to the original sources where available.
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Rent Review Dispute Resolution – Part 3
Adverse Possession of Registered Land
The Supreme Court has clarified the long-running debate about the required period of a squatter’s “reasonable belief” that the land belongs to them under para 5(4)(c) of Schedule 6 to the Land Registration Act 2002. The decision contains some useful titbits for practitioners beyond this narrow point, as will be seen below.
read moreCommercial Mortgage Lending
Nigel Clayton examines a significant ruling on bad faith and misrepresentation claims in his article on the case of Macdonald Hotels Ltd & Anor v Bank of Scotland PLC (Rev1) [2025] EWHC 32 (Comm).
This is a substantial claim for damages brought by a dissatisfied commercial borrower against its bank which gave rise to a number of inter-related issues about the scope to imply Braganaza terms, and the particular difficulties in doing so in the context of secured mortgage lending.
read moreAsk the Expert
Recruitment
Applications for First Registration
On what basis can an application for first registration be subject to an objection?
read moreProfessional Negligence
It is important to verify who the client is and what their status is when dealing with joint ventures. This case reveals how a simple mistake can have drastic consequences for all concerned.
read moreJoint Ventures
The question before the Court was whether using trust property as security for the acquisition of further property constituted a breach of trust, and if so whether that gave R a proprietary interest in a property, or simply a financial remedy. No authority could be found which was directly on point.
read moreForfeiture
The High Court has determined that reference to ss122 & 123 of the Insolvency Act 1986 in a forfeiture clause requires a court determination that the tenant company is insolvent before the landlord is able to exercise its right of re-entry. As no determination had been made, the landlord’s attempt to forfeit was unlawful.
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English 