To go to the information that is of interest to you click on the relevant link in the contents section on the left, or the dropdown menu above.
These pages deal with various matters relevant to property litigation.
Article contributed by James Ballance, Maitland Chambers Introduction In litigation, as often as not a claimant’s sole objective will be monetary: recovering a debt or seeking a damages award. But in other cases, injunctive relief will be just as important to a...
Article contributed by Geraint Wheatley - Kings Chambers Does the Tate Modern viewing gallery case amount to evolution or revolution in ‘overlooking’ claims, and more generally? Are the floodgates open? Case name, reference and Bailii link: Fearn v Board of...
Article contributed by Chris Richards In the second of two articles on highways maintainable at public expense, Chris Richards discusses TBC Can you sue the landlord? If the metalwork is on private property, and the premises are being rented out, there will probably...
Article by Guest Editor Chris Richards Defective Manholes The question which often arises in cases involving defective metalwork is who should be sued. There are many different organisations that might be responsible for a particular piece of metalwork. This article...
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...
Pennistone Holdings Ltd v Rock Ferry Waterfront Trust [2021] EWCA Civ 1029 http://www.bailii.org/ew/cases/EWCA/Civ/2021/1029.html Summary Court of Appeal declines to interfere with trial Judge’s finding that agent not in ‘actual occupation’ of land on behalf of...
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...
English 