These cases deals with s49(2) of the Law of Property Act 1925, which provides the court with power to order the return of forfeited deposits. The court will only exercise its discretion under s49(2) of the 1925 Act to return a deposit in exceptional circumstances. Section 49(2) of the 1925 Act Section 49(2) of the Law of Property Act 1925 reads as follows: “Where the court refuses to grant specific performance of a contract, or in any action for the…
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