Windsor and District Housing Association v Hewitt (2011) CA (Civ Div) 19/05/2011 [On Lawtel and in a note from Read the full post
Tag Archive for 'misrepresentation'
Just a brief note on a couple of tangentially housing-related cases, both of which serve as illustrations of how not to go about things as claimants and in one case, as a defendant as well. A little cruel, perhaps, as to be human is to err, but the oops factor is irresistible.
London Borough of Haringey v Hines [2010] EWCA Civ 1111
Ms Hines had purchased a property under the right to buy from Haringey in 2002. In 2008, Haringey brought a claim for rescission of the lease, alternatively a declaration that it was void, damages for a fraudulent misrepresentation said to have been made by Ms Hines on 16 … Read the full post
Hewett v First Plus Financial Group Plc [2010] EWCA Civ 312
We are a little late on this one, which the family law bloggers have already noted, but it is a bit irresistible.
Mrs Hewlett was appealing a possession order obtained by First Plus against her home. First Plus had a mortgage against the property agreed by both Mr and Mrs Hewett. By the time of the possession order, the amount outstanding was £47,372.79.
Mr Hewett had played no part in proceedings. Mrs Hewett appealed the first instance Judge’s rejection of her defence that the mortgage had been procured by undue influence and misrepresentation.
Mr H had something of … Read the full post
Qayyum v Hameed & Anor [2009] EWCA Civ 352 is a case with a complicated background – it originated in the collapse of BCCI, for heaven’s sake – but thankfully, the issues in this appeal were relatively straightforward, if novel.
In 1991 Mr & Mrs Qayyum jointly purchased a house. In July 1991, Mr Q declared in a deed that he held his interest on trust for Mrs Q absolutely and covenanted to execute a transfer if called upon to do so. The deed was not stamped, but apparently on the undertaking of Mrs Q’s solicitors to do so, this was not an issue.
In 2003, in litigation against Mr … Read the full post
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