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These pages deal with various matters relevant to property litigation.
This beautiful property in Central London was first drawn to my attention by Tim Calland of Maitland Chambers back in January 2021 when Tim delivered a webinar with me looking at the Court of Appeal decision in the case of 89 Holland Park Management Limited v Hicks in...
This is an interesting case which examines a number of points of relevance to conveyancers. It required the High Court to explore what was necessary to establish a common intention constructive trust arising from some unusual facts. Two brothers W and E established...
The editor of this section is James Ballance (jballance@maitlandchambers.com)) Winning the Battle but Losing the War… A salutary reminder that property litigators must identify and act on all relevant issues at the earliest opportunity Golding v Martin (2022) EW...
The editor of this section is James Ballance (jballance@maitlandchambers.com)) Rowland v Blades, [2021] EWHC 2928 (Ch) https://www.bailii.org/ew/cases/EWHC/Ch/2021/2928.html Summary On appeal, the High Court increased the quantum of compensation paid to a...
In this article James Balance considers the limitations of the ”ex turpi causa” doctrine in shielding conveyancing solicitors from liability for professional negligence and reflects on the decision of the Supreme Court in Grondona v Stoffel & Co [2020]. The...
Shelfar test Continuing effect? Rogers v Humphrey [2017] EWHC 3681 (QB) Summary Slade J held that the judge at first instance had not erred in his approach when deciding whether to grant an injunction to restrain a breach of covenant or damages in lieu. Facts The...
Compromise agreement Finality The Trustees in the Charity of Sir John Morden [2007] EWCA Civ 4 Facts This was a claim for specific performance of a compromise agreement made in 2002. That compromise was made on the basis that the defendant admitted that the claimant...
This page contains an article dealing with the general principles of Tomlin Orders and details of a Court of Appeal case on rectification of a Tomlin Order. General Principles By William Hanbury, barrister www.exchangechambers.co.uk Introduction What are the...
Declaration and injunction Declaration granted despite no imminent threat of infringement of right Pavledes v Hadjisavva [2013] EWHC 124 (Ch) Summary C was entitled to a seek a declaration as to whether or not he had a right to light that would prevent D-s proposed...
This page contains the details of a number of cases dealing with Jurisdiction to deal with boundary disputes. Time limits for applications to the Tribunal - applications sent by post. Tribunal taking points on its own initiative - fairness to the parties Burden of...
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