The online resource for UK Property Law

Property Litigation

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.

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: recovering a debt or seeking a damages award. But in other cases, injunctive relief will be just as important to a...

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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...

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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 sue the landlord?  If the metalwork is on private property, and the premises are being rented out, there will probably...

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Property Litigation & ADR

Pennistone Holdings Ltd v Rock Ferry Waterfront Trust   [2021] EWCA Civ 1029  Summary  Court of Appeal declines to interfere with trial Judge’s finding that agent not in ‘actual occupation’ of land on behalf of...

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Applications and Strategies

The editor of this section is James Ballance (  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...

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Occupation Rents

The editor of this section is James Ballance ( Rowland v Blades, [2021] EWHC 2928 (Ch)    Summary   On appeal, the High Court increased the quantum of compensation paid to a...

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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 professional negligence and reflects on the decision of the Supreme Court in Grondona v Stoffel & Co [2020]. The...

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