The online resource for UK Property Law

Property litigation

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These pages deal with various matters relevant to property litigation.

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 approach when deciding whether to grant an injunction to restrain a breach of covenant or damages in lieu. Facts The...

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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 compromise agreement made in 2002. That compromise was made on the basis that the defendant admitted that the claimant...

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Tomlin orders

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...

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Declaration

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...

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Tribunal jurisdiction and procedure

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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Without prejudice

Litigant in person Admission by tenant in landlord-s solicitor-s office Sang Kook Suh v Mace (UK) Ltd [2016] EWCA Civ 4 Summary The Court of Appeal held that admissions concerning rent arrears which were made by the tenant, a litigant in person, to the landlord-s...

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