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Francis Davey

Actual occupation (part time)

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...

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Remedying immoral use

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...

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Squatters make good stories

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...

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Civil Procedure Rules: 51st update

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...

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Total confusion from Willesden

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...

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