Blog
The End of Leasehold Flats? A Breakdown of the Draft Commonhold and Leasehold Bill
Úna Campbell
22 March 2018
Revisiting Res Judicata
When issuing proceedings to recover possession of property from a trespasser, a property owner will also often want to include a claim for mesne profits, these being the damages for use and occupation of the property. However, there may be circumstances where such a claim is not pursued at the same time and, instead, the priority is simply to obtain an order for possession as quickly as possible.
12 March 2018
Does the decision in Bilta represent a more generous interpretation of litigation privilege?
Bilta (UK) Ltd & Ors v Royal Bank of Scotland Plc & Anor [2017] EWHC 3535 (Ch) involved a claim against RBS for alleged fraudulent trading in connection with VAT fraud. (Please note that the Court of Appeal judgement on this case has since been published).
6 March 2018
“But you promised me!” – Are promises enough when someone passes away?
The recent judgment in the case of Habberfield v Habberfield [2018] EWHC 317 Ch is another of a growing number of judgments in which the claimant (and disappointed beneficiary) has pursued a claim on the grounds of proprietary estoppel.
7 February 2018
Speak now or forever hold your peace: A daughter’s failed attempt to prevent her father’s remarriage and protect her inheritance
In the case of EJ (as attorney for DMM) and SD, the Court of Protection was asked to decide on the relevant test for establishing a person’s capacity to marry in circumstances where it would automatically revoke their will, and subsequently whether the requirements of that test were satisfied in this case.
2 February 2018
A recent court ruling on the forfeiture rule
The High Court recently exercised its discretion pursuant to Section 2 of the Forfeiture Act 1982 (“FA 1982”) in the case of Macmillan Cancer Support v Hayes and Long [2017] EWHC 3110.
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