Injunctions In Property Litigation
Article contributed by James Ballance, Maitland Chambers Introduction In litigation, as often as not a claimant’s sole objective will be monetary…
Property Litigation
Nuisance
Article contributed by Geraint Wheatley - Kings Chambers Does the Tate Modern viewing gallery case amount to evolution or revolution in ‘overlooking’…
Property litigation
Article contributed by Chris Richards In the second of two articles on highways maintainable at public expense, Chris Richards discusses TBC Can you…
Highways maintainable at public expense: what are they, and how do you identify them? PART 1
Article by Guest Editor Chris Richards Defective Manholes The question which often arises in cases involving defective metalwork is who should be…
Dell v 89 Holland Park Limited [2022] UKUT 169(LC)
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…
Property Litigation & ADR
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…
Property Litigation: Fattal v Fattal [2022] EHWC 950 (Ch)
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…
Applications and Strategies
The editor of this section is James Ballance (jballance@maitlandchambers.com)) Winning the Battle but Losing the War… A salutary reminder that…
Occupation Rents
The editor of this section is James Ballance (jballance@maitlandchambers.com)) Rowland v Blades, [2021] EWHC 2928 (Ch)…
Illegality and Mortgage Fraud
In this article James Balance considers the limitations of the ”ex turpi causa” doctrine in shielding conveyancing solicitors from liability for…
Damages in lieu of injunction
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…
Compromise
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…
English