Property litigation

19 July 2016

Legal update: Claimant’s delay proves fatal when making application for relief from sanctions

Goldcrest Distribution Ltd v (1) Charles Joseph McCole (2) Mary Orr McCole (3) Jeremy Willmont (Trustee in Bankruptcy of Charles Joseph McCole)

This case concerned the Claimant’s conduct in its application for relief from sanction following a successful default judgment hearing and in the litigation process more generally. The Claimant applied to set aside a default judgment entered against it by the Second Defendant after the Claimant failed to file a defence to a counterclaim

28 June 2016

Property transaction deemed an ‘unconscionable bargain’ but not enough of a bargain to overreach a mortgage interest

On 17 June 2016 the Court of Appeal held in the case of Mortgage Express v Laura Lambert [2016] EWCA Civ 555 that a transaction to purchase a property for £30,000 with a true value of £120,000 amounted to an unconscionable bargain. However, due to Ms Lambert’s failure to disclose her true arrangement and interest in the property, it could not amount to an overriding interest and so was capable of being overreached. 

24 February 2016

Rights of cohabitants - setting the record straight

The recently reported case of John Hoggins’ failed claim against a £650,000 house he bought for his girlfriend, Greta Cerniauskaite, has generated some interesting headlines. Reports of “Plumbing tycoon's ex girlfriend wins share of fortune” and “British millionaire ordered to hand luxury £650,000 house to Lithuanian ex-girlfriend” add to the myth that cohabitants have legal rights.

9 December 2015

Marks and Spencer plc (“M&S”) v BNP Paribas revisited: the final say on apportionment of rent

On 2 December 2015 the Supreme Court comprised of Lord Neuberger, Lord Clarke, Lord Sumption, Lord Carnwarth and Lord Hodge unanimously dismissed M&S’s appeal.

26 October 2015

Requiring possession: 'Ejectment'

An image called “The Ejectment” was published in the “Illustrated London Times” on 16 December 1848.  It shows a despondent farmer’s wife pleading with a rotund gentleman who is on a horse wearing a shiny top hat.  Men are removing items from the thatched cottage and rolling up the roof itself.  Some soldiers look on, seemingly chatting nonchalantly to a passer-by while the tenant farmers plead with the overlord for mercy.

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