Aaargh

Started on Doherty, but on closer inspection, the Lords have also given me R (On The Application of M) (Fc) V Slough Borough Council and R (On The Application of Heffernan) (Fc) V The Rent Service to deal with, and possibly also Yeoman’s Row Management Limited and Another V Cobbe. All here. Damn them, damn, damn, damn. […]

Constructive trust and dodgy RTB

There is an all too common situation. A tenant with the right to buy is offered a capital sum and the mortgage payments for the (in this case) three years needed to avoid repaying the RTB discount on transfer. In the meantime, they either get to stay or hand over control of the property to […]

Stack v Dowden revisited

The Court of Appeal has effectively given guidance on the application of Stack v. Dowden [2007] UKHL 17 where one is faced with a transfer into joint ownership and no express statements as to shares in the property in Fowler v Barron [2008] EWCA Civ 377 (23 April 2008). At 21: To recapitulate, the important […]

Proprietary Estoppel yet again

Blimey, who declared this Estoppel month? The latest is Powell & Anor v Benney [2007] EWCA Civ 1283. Although the case itself is not that interesting, the judgment is worth a look as it gives a clear overview of the Court of Appeal’s current thinking in this area. The only judgment is by Sir Peter […]

Constructive Trust and Proprietary Estoppel again

In James v Thomas [2007] EWCA Civ 1212, the Court of Appeal fine-tuned some points on constructive trust and proprietary estoppel, with reference to shares in property. To note from Sir John Chadwick’s main judgment: A constructive trust can arise some years after the purchase of the property by the sole title holder alone. There […]

Equitable interests and right to buy discounts

A fairly abstruse discussion after the recent fun and games, but, to someone like me who was intrigued and amused while studying equity, an enjoyable one. A recent case involved the client’s equitable interest in an ex-council house, formally purchased by the tenants, but the client stood guarantor and paid over half the mortgage, following […]

Divorce for the unmarried.

Interesting to see the Government publicising proposals for setting up property distribution mechanisms for ex-cohabiting couples somewhat ahead of the Law Commission’s final report. The Guardian’s paper account, if not its online report, compared the proposals favourably with the difficult, complex and expensive route of a claim in equity on the ex-home by an ex-partner […]