Tenants occupied land next to land which was to be developed after compulsory acquisition. The tenants and the landlords asserted a right of light over the land, and sought an injunction to prevent the development. The developer denied that any right of light had been acquired. The sky contour diagrams projected that the reductions in … Continue reading Midtown Ltd v City of London Real Property Company Ltd: ChD 20 Jan 2005
RESTRICTIVE COVENANTS – modification – covenants restricting development, use and density to three detached private dwellings – modification sought to permit 83-bed care home – application dismissed – grounds (aa) and (c), s.84(1), Law of Property Act 1925 Citations: [2019] UKUT 70 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 14 June 2022; Ref: … Continue reading Signature of St Albans (Property) Guernsey Ltd v Wragg and Others: UTLC 4 Mar 2019
A ‘subject to contract’ document might be evidence of an antecedent or oral contract and satisfy section 40 of the Law of Property Act 1925 if the stipulation was later waived. A memorandum or note must, if it is to be effective, not only state the terms of the contract but also contain an acknowledgement … Continue reading Law v Jones: 1974
To defeat a defence of adverse possession, the plaintiff must succeed in an action which itself had been commenced within the twelve year period. A squatter does not succeed to the title that he has disturbed: by sufficiently long adverse possession he obtains a title of his own, but ‘his possession only defeats the rights … Continue reading St Marylebone Property Co Ltd v Fairweather: HL 16 Apr 1962
The parties disputed whether good title had been shown when an assent under seal had been used where a conveyance ordinarily should have been used. Held: Good title had been shown. Though the law is concerned with substance rather than form, it would not be consistent with the orderly development of the common law if … Continue reading Re Stirrup’s Contract: 1961
To defeat a defence of adverse possession, the plaintiff must succeed in an action which itself had been commenced within the twelve year period. A squatter does not succeed to the title that he has disturbed: by sufficiently long adverse possession . .
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The bank took a second charge over property, but failed to get it registered. The chargors fell into debt and bankruptcy, and the property was sold. The proceeds were used to discharge the first charge, and then repay unsecured creditors. The bank claimed the money had been received on constructive trust. Held: The court confirmed … Continue reading Buhr v Barclays Bank plc: CA 26 Jan 2001
The plaintiff sought rectification of its lease. Held: The court ordered rectfication applying section 63(1): ‘I need not read any further. But [Counsel] submits, I think rightly so, that under that provision the transfer, which was a transfer of the freehold reversion, subject, of course, to the lease, from the original landlords to the present … Continue reading Boots the Chemist Ltd v Street: 1983
The lease contained a break clause. The parties disputed whether the benefit of the clause was personal to the orginal lessee, or whether it touched and concerned the land, and therefore the benefit of it passed with the land. Held: The defendant was entitled to exercise and did validly exercise the break clause. The purpose … Continue reading Harbour Estates Limited v HSBC Bank Plc: ChD 15 Jul 2004
The court was asked whether the conveyance of a farm out of which a tithe rentcharge issued carried with it, by reason of Section 63, the rentcharge itself. Held: The farm and the tithe rentcharge were two separate hereditaments and express words would be necessary to pass the rentcharge. The intention of the 1836 Act … Continue reading Public Trustee v Duchy of Lancaster: CA 1927
Despite its entanglement with a right of entry intended to procure its payment, a separate personal obligation to pay instalments of the sum agreed as the premium for a lease remained merely a personal obligation and that a call for the payment by instalments was not a claim or demand in, to, or on the … Continue reading Hill v Booth: CA 1930
The land owners sought relief from possession orders made under mortgages given in equity release schemes: ‘If the purchaser raises all or part of the purchase price on mortgage, and then defaults, the issue arises whether the mortgagee’s right to possession has priority over, or is subject to, any entitlement of the vendor to continue … Continue reading Cook v The Mortgage Business Plc: CA 24 Jan 2012
A property was held in the joint names of a former husband and wife. To obtain a loan for the husband, a legal charge over the property was executed by the husband, but he had another woman execute for the wife, pretending to be her. The chargee . .
The plaintiffs had paid deposits for apartments which were to be built. After the developer became insolvent the plaintiffs sought recovery of the deposits, saying they had a lien which preceded the claims of chargees. Held: The one appeal failed and another succeeded. ‘the circumstances in which a purchaser’s lien will arise are not limited … Continue reading Chattey and Another v Farndale Holdings Inc and others: CA 11 Oct 1996
The court discussed the duty of trustees to sell in the absence of unanimity: ‘The trust for sale will prevail, unless all three trustees agree in exercising the power to postpone.’ Judges: Simonds, J Citations: [1943] Ch 302 Statutes: Law of Property Act 1925 30 Jurisdiction: England and Wales Cited by: Cited – Jones v … Continue reading In re Mayo: ChD 1943
Restrictive Covenants : Modification – house on 1980’s estate – planning permission to demolish garage and build second house on plot – parties agreeing no injury under ground (c) – assessment of sum to reflect diminution in price originally paid because of inclusion of restrictions – sub-para (ii) of Section 84(1) of Law of Property … Continue reading Sheppard v Grant and Others: UTLC 12 Jun 2020
The defendants had published remarks on its website about the reliability of the claimant. When sued in defamation, they pleaded fair comment, but that was rejected by the Court of Appeal. Held: The defendants’ appeal succeeded, and the fair comment defence was re-instated. The phrase ‘honest comment’ should now be used to reflect the nature … Continue reading Spiller and Another v Joseph and Others: SC 1 Dec 2010
The trust was created in 1948, and provided gifts over, which had now failed. The court considered the construction of the term ‘stautory next of kin’. The possible beneficiaries claimed through being adopted, arguing that at the date of the last beneficary’s death, all impediments to inheritance by adopted children had been removed by statute. … Continue reading Re Erskine 1948 Trust: ChD 29 Mar 2012
The widow and personal representative of the chargor challenged the enforcement proceedings taken by the bank under a guarantee. The chargor had begun to suffer Alzheimers disease. She now sought leave toappeal saying that to enforce the guarantee, the bank should have applied to appointed receivers under the 1983 Act. Held: Leave to appeal was … Continue reading Calvert v Clydesdale Bank Plc and Others: CA 27 Jun 2012
The claimant advanced funds to the respondent for him to invest in a bank of which the claimant had insider knowledge. In fact the defendant did not invest the funds, the knowledge was incorrect. The defendant however did not return the sums advanced, saying he need not return it because the contract was for an … Continue reading Patel v Mirza: SC 20 Jul 2016
The tenant appealed against an order granting possession. The tenancy, being held of a mutual housing co-operative did not have security but was in a form restricting the landlord’s right to recover possession, and the tenant resisted saying that it was worded to create a lease for life (applying the LRB case). Held: The tenant’s … Continue reading Berrisford v Mexfield Housing Co-Operative Ltd: SC 9 Nov 2011
The parties, on divorcing had a greed, under court order that W should obtain the release of H from his covenants under the mortgage of the family home. She had been unable to do so, and sought that order to be varied to allow postponement of her performance until the youngest child attained 18. H … Continue reading Birch v Birch: SC 26 Jul 2017
LT RESTRICTIVE COVENANT – modification or discharge – obsoleteness – practical benefits of substantial value or advantage – injury – proposal for conservatory and removal of part of garden wall – effect of development on visual amenity to objectors’ retained land – planning permission granted – modification ordered – Law of Property Act 1925, section … Continue reading O’Brien and Another, in re 2 Turnpike Road, Tadcaster: LT 22 Feb 2008
LT RESTRICTIVE COVENANT – modification – dwellinghouse – restrictions imposed by four conveyances preventing development on rear garden – application to modify to permit construction of detached dwellinghouse – whether restrictions obsolete – whether those entitled to benefit of restrictions agreed to their discharge or modification – whether injury to objectors. Citations: [2008] EWLands LP … Continue reading Foley and Another, in re Montana House, 6 Orchehill Avenue, Gerards Cross: LT 25 Feb 2008
Was the vendor of shares in a company owning a single property, who had served notice to complete on the purchaser, itself ready, able and willing to complete? Judges: His Honour Judge Mackie QC Citations: [2008] EWHC 18 (Ch), [2008] 3 EG 178, [2008] 1 P and CR DG18 Links: Bailii Statutes: Law of Property … Continue reading Midill (97Pl) Ltd v Park Lane Estates Ltd and Another: ChD 16 Jan 2008
The court considered a dispute about ownership and confidence in and copyright of of video tapes taken by Princess Diana before her death. Held: The courts have an inherent discretion to refuse to enforce of copyright. When assessing whether the copyright should be enforced the relevant issues would be ones arising from the work itself, … Continue reading Hyde Park Residence Ltd v Yelland, News Group Newspapers Ltd, News International Ltd, Murrell: CA 10 Feb 2000
LT RESTRICTIVE COVENANT – modification – dwellinghouse – covenant not to erect more than one dwellinghouse and garage – application to modify to permit one additional dwelling -whether restriction obsolete – whether proposed use reasonable – whether practical benefits of substantial value or advantage secured by restriction – whether modification would cause injury – application … Continue reading Burt, Re the Ridings: LT 21 Nov 2008
Judges: Lord Justice Lloyd Citations: [2012] EWCA Civ 1019 Links: Bailii Statutes: National Trust Act 1937 8, Law of Property Act 1925 84(1) Jurisdiction: England and Wales Land Updated: 15 July 2022; Ref: scu.463277
LT RESTRICTIVE COVENANT – modification – proposed development of two pairs of semi-detached houses – affordable housing for local needs – practical benefits of substantial value or advantage – privacy – peace and tranquillity – outlook – approach – compensation -application granted – Law of Property Act 1925, ss84(1)(aa) and (c). Citations: [2009] EWLands LP … Continue reading Land On the North West Side Of Ashes Lane, Re: LT 10 Mar 2009
The parties had agreed for a lease, and the tenant entered possession, but no formal lease was executed. The tenant stopped paying rent in 1977 or 1984. He now claimed rectification of the registers to show him as proprietor. The landlord argued that as a lease in writing, time ran from the notice to quit. … Continue reading Long v Tower Hamlets London Borough Council: ChD 20 Mar 1996
RESTRICTIVE COVENANTS – Discharge or modification – Residential property – Covenants regulating user – Covenant against alterations – Law of Property Act 1925, s. 84 (1) (a) and (c) Citations: [2019] UKUT 171 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 10 July 2022; Ref: scu.638279
The claimant had obtained judgment against customers of the defendant, and then freezing orders for the accounts. The defendants inadvertently or negligently allowed sums to be transferred from the accounts. The claimants sought repayment by the bank. Held: The bank was liable. ‘a duty ought to be imposed on the Bank, towards claimants who have … Continue reading Customs and Excise v Barclays Bank Plc: CA 22 Nov 2004
The proposed landlord had sealed the lease, but the tenant was to seal and deliver his part by a certain date. The respondent purported to complete the lease later. Held: Under the 1985 Act completion would require writing, intention and delivery. Sealing was insufficient. Section 74 of the 1925 Act did not refer to delivery. … Continue reading Bolton Metropolitan Borough Council v Torkington: CA 31 Oct 2003
The deceased had assigned his coal merchant business to the respondent against a promise to pay andpound;5.00 a week to his widow whilst she lived. The respondent appealed an order requiring him to make the payments, saying that as a consolidating Act, the 1925 Act should not be read to change the common law. Held: … Continue reading Beswick v Beswick: HL 29 Jun 1967
The claimants asserted a right to possession of land, and the defendant resisted, claiming a proprietary estoppel. A predecessor had intended to grant a sub-lease to the defendant, who had arranged for his company JAD Ltd to execute major works on the strength of that promise. JAD was given permission to store items there, but … Continue reading Lloyd and others v Dugdale and Another: CA 21 Nov 2001
Court will not allow order for sale of mortgaged property instead of repossession where very substantial expected shortfall. Citations: Gazette 04-Feb-1998 Statutes: Law of Property Act 1925 91 Jurisdiction: England and Wales Land Updated: 02 June 2022; Ref: scu.84634
RESTRICTIVE COVENANT – discharge – modification – covenants restricting residential redevelopment of dwellings and outbuildings forming part of grounds of listed house – benefit personal to covenantee and his family – sale of majority of benefited land to third party – whether covenants obsolete in respect of retained land under ground (a) – grounds (aa) … Continue reading Coombes, Re: Brainshaugh House: UTLC 12 Jun 2012
A lease contained a covenant against assignment without the Landlord’s consent, such consent not to be unreasonably withheld. The tenant asserted, pace Killick, that the landlord could not refuse consent on the grounds that the proposed tenant might not comply with the terms of the lease, and that the building obligation operated as a use … Continue reading Ashworth Frazer Limited v Gloucester City Council: HL 8 Nov 2001
Lord Aitchison said: ‘The penal laws of foreign countries are strictly local, and affect nothing more than they can reach and can be seized by virtue of their authority; a fugitive who passes hither, comes with all his transitory rights; he may recover money held for his use, stock, obligations and the like; and cannot … Continue reading The El Condado: SCS 1939
The appellant’s land was to be taken under compulsory purchase by the Council who wished to use it to assist Tesco in the construction of a new supermarket. Tesco promised to help fund restoration of a local listed building. Sainsbury objected an now appealed against the Court of Appeal’s overturning of the orer in its … Continue reading Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another: SC 12 May 2010
A conveyance of part in 1944 gave a right of pre-emption over retained land. The vendor’s successors the let the retained land to the plaintiff with an option to buy the freehold reversion. The retained land was sold to the defendants in purported compliance with the right of pre-emption. A year later the plaintiff purported … Continue reading Pritchard v Briggs: CA 1980
The plaintiff sought to enforce a restrictive covenant against using a property ‘otherwise than as a private dwelling-house’. 30 years later the Defendant purchased the property and immediately started taking paying guests. The defendant had suggested that the covenants may be modified by the Lands Tribunal, but he made no application. Held: The area was … Continue reading Chatsworth Estates Company v Fewell: 1931
Mr Nadler was a lessee of property, part of which he sublet to the plaintiff. In 1931 he made a declaration of trust, under which he declared that the property was held in trust for his company, Joseph Nadler Ltd. Shortly after the company purported to distrain for arrears of rent under the subtenancy. The … Continue reading Schalit v Joseph Nadler Ltd: CA 1933
‘The novel issue raised by this appeal is whether the doctrine of overreaching in section 2(1) of the Law of Property Act 1925 (‘LPA 1925′) is capable of operating in circumstances where the conveyance to a purchaser which is alleged to have the overreaching effect is the grant of an easement over land, and the … Continue reading Baker and Another v Craggs: CA 16 May 2018
Whether a notice may be served under section 146(1) of the Law of Property Act 1925 before the right to re-entry has arisen under the provisions of the lease. Held: The courts below were right in holding that a section 146 notice can be served only after the contractual right of re-entry has become enforceable. … Continue reading Toms v Ruberry: CA 8 Feb 2019
Appeal from grant of permission for modification of restrictive covenants on land. Judges: Underhill, Sales, Moylan LJJ Citations: [2018] EWCA Civ 2679, [2019] JPL 471, [2019] 2 P and CR 2, [2019] 1 WLR 2729, [2018] WLR(D) 733 Links: Bailii, WLRD Statutes: Law of Property Act 1925 84 Jurisdiction: England and Wales Cited by: Appeal … Continue reading The Alexander Devine Children’s Cancer Trust v Millgate Developments Ltd and Others: CA 28 Nov 2018
The plaintiff had transferred her house to her lodger, expressing it to be for her love and affection for him. The judge at first instance had held that the true intention of the plaintiff had been that she would continue to live there as before and that she owned the equity. The lodger had sold … Continue reading Hodgson v Marks: CA 12 Mar 1971
The claimants asserted that they had the benefit of restrictive covenants under a building scheme to prevent the defendants erecting more houses in their neighbouring garden. The defendants pointed to alleged breaches of the same scheme by the claimants. Held: There was not only an intention to create a building scheme but also a clearly … Continue reading Turner and Another v Pryce and others: ChD 9 Jan 2008
The parties disputed the success of a sale by a mortgagee in possession of various properties. The parties disputed the apportionment of costs. Held: The appeal failed. Where there is no express agreement concerning the division of costs, a general rule of thumb is to divide them equally between the relevant parties. But that is … Continue reading Meretz Investments Nv and Another v ACP Ltd and others: ChD 14 Nov 2007
Registered land was bought with an advance from the plaintiff. The transfer and charge were registered one month later, but in the meantime, the buyer’s parents moved in. When the buyer defaulted, his mother resisted possession proceedings, saying that she had an overriding interest through her occupation at the time when the charge was registered. … Continue reading Abbey National Building Society v Cann: HL 29 Mar 1990
The respondent stayed on in the family home owned by her husband after he had left, and resisted a possession order sought by the chargee. The husband had charged the house as security for his business debts.Lord Wilberforce described the common law characteristics of property, saying: ‘Before a right or an interest can be admitted … Continue reading National Provincial Bank v Ainsworth: HL 13 May 1965
Claim by a wife that she has a beneficial interest in a house registered in the sole name of her husband and that her interest has priority over the rights of a bank under a legal charge executed without her knowledge. The case raises a point of importance in the law of registered conveyancing. Shortly … Continue reading Lloyds Bank plc v Rosset: CA 13 May 1988
LAND REGISTRATION – EASEMENTS AND PROFITS – the rule in Wheeldon v Burrows – section 62, Law of Property Act 1925 and whether contrary intention must be expressed in the conveyance [2021] UKUT 307 (LC) Bailii England and Wales Registered Land Updated: 13 January 2022; Ref: scu.670632
UTLC RESTRICTIVE COVENANT – discharge – estate comprising 278 holiday bungalows – occupation restriction on 74 days of the year – applicant seeking discharge to allow all year round occupation and removal of holiday use restriction – obsolescence – practical benefits of substantial value or advantage – public interest – injury – application refused – … Continue reading Stafford-Flowers, Re: 182 Brambles Chine Estate: UTLC 3 Mar 2015
This appeal concerns the question whether an area of land in Bath known as the Recreation Ground, commonly called ‘the Rec’, is still subject to a restrictive covenant imposed in a conveyance of the Rec dated 6 April 1922 (‘the 1922 conveyance’). That turns on the question whether there is anyone who can now claim … Continue reading Bath Rugby Ltd v Greenwood and Others: CA 21 Dec 2021
Covenents Attach to entire land not just parts Conveyances contained restrictive covenants but they were not expressly attached to the land. The issue was whether they were merely personal. Held: Section 78 made the covenant by the purchaser binding on his successors also. The section provides for statutory annexation of any covenant which touches and … Continue reading Federated Homes Ltd v Mill Lodge Properties Ltd: CA 29 Nov 1979
A Local Authority is liable for any damage to adjacent property caused by the roots of a tree growing on the verge of a public highway. Held: Pre-adoption trees vest in the highway authority for all purposes. Stuart-Smith, Morritt L, Sir John Balcombe Times 26-Jun-1997, [1997] EWCA Civ 1901, (1997) 96 LGR 27 Bailii Highways … Continue reading Hurst and Another v Hampshire County Council: CA 19 Jun 1997
The court was asked whether the court has, following the the 2002 Act, an inherent power to order the cancellation of a unilateral notice registered against a title registered under the 2002 Act and, if so, in what circumstances, and how, such a power should be exercised. Held: It did have that power. The power … Continue reading Nugent v Nugent: ChD 20 Dec 2013
LRA Alteration of the register to correct a mistake – Schedule 4 paragraph 5 of he Land Registration Act 1925 – mistake made on first registration in 1971 – omission of land from title – nature of right to seek correction of register – whether right passes to purchaser under section 63 of the Law … Continue reading Rossetti Ltd v Thresher Wines Acquisitions Ltd, First Quench Retailing Limited, Whitbread (UK) Limited: LRA 8 Sep 2009
The court reviewed the conflicting authorities with regard to the creation of trusts and held that the overwhelming preponderance of authority was that, in the absence of any claim for rectification or rescission, provisions in a conveyance declaring that the plaintiff and the defendant were to hold the proceeds of sale of the property ‘upon … Continue reading Goodman v Gallant: CA 30 Oct 1985
The court considered the defence of illegal user to a claim to have established an easement by prescription: ‘These authorities seem to me to establish that when applying the ‘ex turpi causa’ maxim in a case in which a defence of illegality has been raised, the court should keep in mind that the underlying principle … Continue reading Tinsley v Milligan: CA 1992
The claimant was injured at work as a consequence of the defender’s negligence. His injuries became more severe, and he came to suffer a disabling depression. Held: the Inner House had been wrong to characterise the Outer House decision as incorrect. Since the pursuer suffered physical injuries the starting point is that he was a … Continue reading Simmons v British Steel plc: HL 29 Apr 2004
Nature of Joint and Mutual Wills The court was asked as to the validity and effect of a single joint will. Held: Lord Camden considered the nature of joint or mutual wills. Lord Camden LC said: ‘The parties by mutual will do each of them devise, upon the engagement of the other, that he will … Continue reading Dufour v Pereira: 1769
Tenant’s First Notice to terminate, stood The landlord served a notice to terminate the business lease. The tenant first served a notice to say that it would not seek a new lease, but then, and still within the time limit, it served a second counter-notice seeking a new tenancy. The landlord sought to rely upon … Continue reading Shaws (EAL) Ltd v Pennycook: CA 2 Feb 2004
The applicant’s property was charged to the defendant. At the time it was not occupied. The mortgage fell into arrears, and after serving notice at the property, the bank took posssession and sold the property at auction. The claimants said the bank should have taken possession only after court proceedings. Held: A lender taking possession … Continue reading Ropaigealach v Barclays Bank plc: CA 6 Jan 1999
Long Relationship Not Enough for Interest in Home The parties lived together for 17 years but were not married. The woman took the man’s name, but beyond taking on usual household duties, she made no direct financial contribution to the house. She brought up their two children over 17 years. Latterly she went to work, … Continue reading Burns v Burns: CA 1984
The appellant challenged a sale and rent back transaction. He said that the proposed purchaser had misrepresented the transaction to them. The Court was asked s whether the home owners had interests whose priority was protected by virtue of section 29(2)(a)(ii) of, and Schedule 3, paragraph 2, to the Land Registration Act 2002. Held: The … Continue reading Scott v Southern Pacific Mortgages Ltd and Others: SC 22 Oct 2014
Trustees of a settlement had exercised their power of advancement under the section, in order to save estate duty by transferring investments to be held on the trusts of a later settlement. However the actual effect of the advancement was that the trusts in remainder were void for perpetuity. Held: A trustee when exercising a … Continue reading Re Hastings-Bass; Hastings v Inland Revenue: CA 14 Mar 1974
Appropriation was not in sufficient form The claimants had challenged an order supporting the decision of the Council to use their allotments for a new primary school, saying that the land had be appropriated as allotment land, and that therefore the consent of the minister was needed. Held: The appeal failed. The use of the … Continue reading Adamson, Regina (on The Application of) v Kirklees Metropolitan Borough Council: CA 18 Feb 2020
The parties signed a memorandum of agreement to let a strip of land from 1930 until determined as provided, but the only provision was that the lease would continue until the land was needed for road widening and two months’ notice was given. The land was never used for road widening and notice to terminate … Continue reading Prudential Assurance Co Ltd v London Residuary Body and Others: HL 16 Jul 1992
An appeal was mounted against the decision of the Lands Tribunal to allow the variation of a restrictive covenant under 84(1A)(b) only and not under 84(1A)(a). The tribunal had said that the word ‘substantial’ required applicants to show: ‘that the . .
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
The landlords’ managing agents learned that the tenant had been convicted of keeping a brothel at the premises and served a section 146 notice intending to forfeit the tenancy. He told his staff and instructed them not to demand or accept rent. But . .
The mother sought to prevent a father from publishing a book about her child’s life. It was to contain passages she said may cause psychological harm to the 12 year old son. Mother and son lived in the USA and the family court here had no . .
The tenant took on a weekly tenancy in 1975 of Wandsworth under an ‘Acceptance of Offer of Accommodation’. The document made no provision for service. The tenant left for America leaving A as a caretaker. Wandsworth ended the tenancy serving a . .
A mere payment of a sum of money might amount to an act of part performance, as might the act of a purchaser instructing solicitors to prepare and submit a draft conveyance or transfer, so as to leave asituation capable of enforcement in equity. . .
References: (1937) 57 CLR 666, [1937] HCA 52 Links: Austlii Coram: Dixon J, Latham CJ Ratio: (High Court of Australia) Cases of mutual wills are only one example of a wider category of cases, for example secret trusts, in which a court of equity will intervene to impose a constructive trust. Latham CJ described a … Continue reading Birmingham v Renfrew; 11 Jun 1937
References: Gazette 20-Nov-1996, Times 20-Nov-1996, [1996] EWCA Civ 780, [1997] 1 WLR 1558 Links: Bailii The County court may not suspend a possession order pending an application to the High Court for an order for sale. The court considered the protection given by s15(1) of the 1970 Act, and found the protection to be limited, … Continue reading Cheltenham and Gloucester Building Society v Aaron Krausz and Rebecca Krausz: CA 22 Oct 1996
