The online resource for UK Property Law

Property litigation

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These pages deal with various matters relevant to property litigation.

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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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 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 Introduction What are the...

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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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