Redolent of Improbability

I don’t think there is any significant point of law or practice in Lemas and Sealy v Williams [2009] EWCA Civ 360, but it is a strange case (although one suspects many readers will have been involved in similarly chaotic cases at one stage or another) and worthy of a short note. Mr & Mrs […]

Constructive trust and misrepresentation

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 […]

A dutiful cousin

The House of Lords have again considered the nature and extent of proprietary estoppel in Thorner v Majors [2009] UKHL 18. Regular readers will recall we discussed their decision in Yeoman’s Row Management Limited (Appellants) and another v Cobbe (Respondent) [2008] UKHL 55 in August last year. Picture this: a large farm in Somerset owned […]

The good nephew

A rather odd case dealing with competing charges on a right to buy property turned up at the High Court. Brighton & Hove City Council v Audus [2009] EWHC 340 (Ch) was an attempt by Brighton to challenge the validity of a second charge on the property held by the titleholder’s nephew, Mr Audus. Brighton […]

No no she's not dead, she's, she's restin'!

Newport City Council v Charles [2008] EWCA Civ 1541, The Times, 11 Aug 2008 [now on bailii] The transcript for this (factually remarkable but legally straightforward) case has only just been produced, hence the delay in covering it. The appellant, Mr Charles, lived at 1B Marlborough Rd, Newport. That property had been granted to his […]

Families, eh

The one key message of property law is never trust your family. Mirza v Mirza [2009] EWHC 3 (Ch) is a further example of this truism and I can only marvel at the way Stephen Smith QC, sitting as a Deputy Chancery Judge, dealt with the case. The Claimants, Nasir and Naim, were brothers who […]

Adverse possession and estoppel

In St Pancras & Humanist HA v Leonard  [2008] EWCA Civ 1442, the Court of Appeal held that, although Mr Leonard had possession of the relevant property (a garage), he nevertheless was estopped from claiming a right by adverse possession against the Claimant. The case is interesting largely because of the way the CA deployed […]

Tis aw a muddle

A reminder, if one was needed, of the perils and pitfalls of constructive trust cases can be found in Elithorn v Poulter & Others [2008] EWCA Civ 1364 The problems in this case were not just the confused and confusing evidence (not only that of Dr Elithorn, who acted in person, but also the documentary […]

Agreements and constructive trust

Parris v Williams [2008] EWCA Civ 1147 was an appeal against an order that Mr Williams had 100% beneficial interest in one of two flats to which legal title was held by Mr Parris. It is of interest because it contains a challenge to the ways in which a constructive trust can be found to […]

Estoppel – needs something to estop

I’m not going to do a report on this one as it is a) epic, b) unprecis-able and thankfully c) pretty much off topic for housing law. But anyone who, like me, is a bit of an equity hobbyist on the side, the House of Lords judgment in Yeoman’s Row Management Limited (Appellants) and another v […]