Chancery or Family? – the former matrimonial home

In Smith v Smith the Court of Appeal considered the conflict between TOLATA and its family law jurisdiction. The background is a sad one. The Smiths married in 2004. They bought what I assume to be a lovely house of 3,800 square feet in 5 floors and with substantial gardens both front and back for […]

Mortgage possession defeated by constructive trust

An opportunity to indulge in schadenfreude at the expense of a mortgage lender is offered by HSBC v Dyche [2009] EWHC 2954 (Ch) where a claim for possession by a mortgagee was dismissed because the actual occupant of the property was beneficiary under a constructive trust. The decision gives an example of the doctrine of […]

The track to the old Piggery

Thompson v Bee [2009] EWCA Civ 1212 illustrates a neat point of property law and inheritance that could come up in a variety of circumstances but in this concerns an easement. In Hamsterley stands Pear Tree House on the main village street. Round the side and to the back of the house runs the Track […]

Outstanding rent reviews – a cautionary tale

Bello v Ideal View [2009] EWHC 2808 (QB) — a case not yet available on bailii — illustrates the dangers with leaving a rent review outstanding. Mr Bello bought what appear from the transcript to be residential premises at an auction in July 2005. The had been let on a 50 year lease in May […]

Little Shop on the Corner

I have the Nearly Legal leadership’s indulgence in allowing me to post about Patel v Keles [2009] EWCA Civ 1187 which touches on one of the more unnatural (at least to housing lawyers) areas of my practice, namely the renewal of business tenancies under the Landlord and Tenant Act 1954, and which may be of […]

A housing uncooperative?

The case of Mexfield Housing Co-Operative v Berrisford [2009] EWHC 2392 (Ch) illustrates the potentially precarious situation in which the tenant of a fully-mutual Housing Co-operative may find themselves. The facts are simple. Miss Berrisford had been a tenant of Mexfield since 1993,  she had difficulty with her rent so that she fell into arrears […]

For those advising on commonhold

On 1st October the Commonhold (Amendment) Regulations 2009 will come into force. The amendments tidy up the law of commonhold associations so that they are compatible with the new law on company constitutions introduced by the Companies Act 2006 which comes into force at the same time. There is very little to see here. The […]

Civil Procedure Rules – 50th update?

The next amendment to the civil procedure rules has been passed in the form of the the Civil Procedure (Amendment) Rules 2009. The change has not (yet) been noted on the Ministry of Justice’s CPR website  but I am anticipating that they will form part of the 50th update. There’s not a great deal of […]

Quick to the Plunder

The decision of the Court of Appeal in Nationwide Building Society v Wright [2009] EWCA Civ 811 confirms that a court need not set aside a final charging order merely because the order was made at a time when the owner of the property was insolvent but had not yet been declared bankrupt. Section 346 […]

Defamation and anti-social behaviour

Clift v Slough Borough Council [2009] EWHC 1550 considers the extent to which a local authority has an interest or duty to pass on allegations about anti-social behaviour to its employees and contractors for the purposes of the defence of qualified to a claim for defamation. It is also an example of the all too […]