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The High Court decision in Thomas v Clydesdale Bank [2010] EWHC 2755 (QB) revisits a conveyancing questions addressed in many of well-known authorities which I might put crudely as: who gets the house, the bank or the wife? Mr Burtenshaw was the sole legal...
In Brightlingsea Haven v Morris [2008] EWHC 1928 (QB), the High Court considered whether Haven Village in Brightlingsea was a "protected site" within the meaning of the Caravan Sites Act 1968. This is an important question because the Mobile Homes Act 1983...
Patel v K&J Restaurants [2010] EWCA Civ 1211 deals with a number of interesting questions concerning relief from forfeiture. Although the lease in question (of a restaurant and residential flats) fell within the Landlord and Tenant Act 1954, the case has...
A squatters story in the Evening Standard caught my eye today and I can't bear to let such nonsense pass. The story (so we are told) is that a hotelier moved out of his home for a week while it was being renovated and, coming back, found that it was occupied...
Earlier this year J reported the passage of the Mortgage Repossessions (Protection of Tenants) Act 2010 which comes into force tomorrow (1st October), together with the Dwelling Houses (Execution of Possession Orders by Mortgagees) Regulations 2010 (No....
Yesterday the Leasehold Advisory Service (LEASE) announced in a press release that it would be operating a morning duty advice scheme at the London offices of the LVT from 21 September 2010. This news follows hot foot on the announcement that from 16...
Dibble v Pfluger [2010] EWCA Civ 1005 concerns an appeal in a joint property case, largely decided on its facts. It has one interesting point of note for anyone who practices in this field: the couples were engaged to be married for much of the period of...
Donath v Trustees of the Second Duke of Westminster Will Trust [PDF] is a first instance decision of the LVT. We do not normally reports such things but it concerns an application to vary an old-style estate management scheme. So rarely does one see estate...
The ministry of justice has just published its response [PDF] to its consultation on fees for the Lands Tribunal — now of course the Upper Tribunal (Lands Chamber). This is bad news if you are an appellant. The fee for seeking permission to appeal from the...
In two joined appeals to the Lands Chamber of the Upper Tribunal brought by Southern Housing Group Ltd and Family Housing Association (Wales) Ltd ([2010] UKUT 237 (LC) - not yet available via the tribunal's website or on bailii), the tribunal considered...
Spring is in the air and daffodils are blossoming which is usually a sign that an update to the civil procedure rules is in the offing. This year, we are doubly blessed. Parts of both the 51st and52nd updates will come into force over the next week. In this...
Chasewood Park Residents Ltd v Kim [2010] EWHC 579 (Ch) is a rent/service charges case that should serve as a useful object lesson: first for parties to remind them of the importance of precise pleading and the use of evidence; and second, I hope, to first...