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I've got parental duty so can't do a full note on Jones v Kernott [2011] UKSC 53 now. The headlines, though, are: (a) Ms Jones won the appeal so that her 90% share in the disputed property was re-instated; (b) the UKSC agree on the outcome but there is...
Quigley v Masterson [2011] EWHC 2529 (Ch) raises an interesting point about the severance of a beneficial joint tenancy. The background is sadly familiar. The late Mr Pilkington formed a relationship with Mrs Masterson. They lived together in a house as...
[Edit NL 21/6/2011. Owing to some enthusiasm by contributors and an evening off editing by me, we have two reports on this case done on the same evening. I've kept both because they present interestingly different approaches to the issues in this case, but...
Clarke v Meadus [2010] EWHC 3117 (Ch) Normally Dave would be covering this kind of case, knowing more about equity and trust right now than I probably ever will. But Dave is off being very clever to a tight deadline for other people, so I get to indulge my...
Word reaches us (via the Garden Court North website) of what appears to be a fascinating piece of litigation in the High Court (Leeds District Registry) concerning sale and rent back schemes (as to which, see our earlier piece, here). A number of former...
Ashby v Kilduff [2010] EWHC 2034 (Ch) (available on Lawtel and through the Chief [those special powers again]) [edit: now on BAILII too) is about the proprietary consequences of the unhappy demise of the relationship between David Ashby, the former Tory MP,...
Wright v Wright [2010] EWHC 1808 (Ch) is a near perfect example of a fundamental principle of property law, which we tutors seek to ingrain into our students (mostly, it must be said, with limited success, having looked at hundreds of exam scripts), that...
Kernott v Jones [2010] EWCA Civ 578 This was the Court of Appeal hearing, on a second appeal, of a case on equitable interests in a property. We reported the first appeal to the High Court and were uneasy about the outcome of that appeal, which seemed to...
Cook v Thomas & Thomas [2010] EWCA Civ 227 This case was well describd by the Court of Appeal as "a most unfortunate and regrettable dispute". The facts were as follows. C is the sole legal owner of a small ara of farmland with farmhouse in Wales by...
Lester v Woodgate [2010] EWCA Civ 199 is a wonderful example of a neighbour dispute getting out of hand (so out of hand, in fact, that indemnity costs were awarded against the Claimant, in the Truro County Court, in "an exemplary use of the power to mark...
In Henry and Mitchell v Henry [2010] UKPC 3, the Privy Council have given further consideration to the doctrine of proprietary estoppel. The judgment of the PC was delivered by Sir Jonathan Parker and it will be of particular interest as it demonstrates the...
Walsh v Singh [2009] EWHC 32 is a fascinating case about constructive trust (CT) and proprietary estoppel (PE), or at least it could have been. First credit goes to HHJ Purle QC, sitting as a judge of the High Court, who has managed the seemingly impossible...