‘While the Supreme Court’s decision in Birch v Birch [2017] UKSC 53 is ostensibly about the court’s power to vary undertakings, it provides useful broader guidance on the variation of family orders generally.’
Law Society's Gazette, 2nd October 2017
Source: www.lawgazette.co.uk
‘It is well known that the governing principle of the Land Registration Act 2002 is to enable anyone to be aware of any interest affecting a piece of land by simply inspecting the land register (subject to some limited exceptions, e.g. where a person is in occupation and their interest is likely to be obvious from a reasonable inspection). If an interest affecting the land is not noted within the register then it ought not bind a subsequent registered proprietor.’
Tanfield Chambers, 4th August 2017
Source: www.tanfieldchambers.co.uk
‘The principles which apply to the construction and interpretation of “ordinary” contracts, are most famously set out in Investors Compensation Scheme and more recently explored in some other cases. Although Wood v Capita appears to indicate a continued trend in the authorities towards a stricter textual analysis, it remains the case that the context in which a contract was agreed, the “factual matrix”, is an important part of the Court’s armoury in establishing meaning.’
Falcon Chambers, June 2017
Source: www.falcon-chambers.com
‘Blockchain-backed ‘smart contracts’ will be a “game changer” in property transactions, increasing certainty for buyers and sellers as well as speeding up the house-buying process, it has been claimed.’
Legal Futures, 26th April 2017
Source: www.legalfutures.co.uk
‘A man who set fire to his dream rural retreat after a bitter dispute with a building society was found strumming a guitar and cooking on a barbecue next to the burning building by firefighters who arrived to help.’
The Guardian, 10th April 2017
Source: www.guardian.co.uk
Articles include:
Restrictive Covenants and Building Schemes Just Like Buses p.7
Land Registration and the Service of Notices: mind the gap p.10
Forks & Spades; Leases & Licences; Possession & Occupation p.14
Recovering Costs in the First-tier Tribunal (Property Chamber) p. 16
Newsletter (PDF)
Falcon Chambers, Winter 2017
Source: www.falcon-chambers.com
‘A recent decision by Master Matthews in Menalou v Bank of Cyprus UK Limited [2016] EWHC 2656 (Ch), in a characteristically detailed and interesting judgment, reaffirms the author’s long-held view that the appropriate procedure for the a claimant, claiming to be subrogated to the unpaid vendor’s lien, to use is to apply for an order for sale and vesting/appointment orders under s90 Law of Property Act 1925. Section 90 reads as follows:
“90.— Realisation of equitable charges by the court.
(1) Where an order for sale is made by the court in reference to an equitable mortgage on land (not secured by a legal term of years absolute or by a charge by way of legal mortgage) the court may, in favour of a purchaser, make a vesting order conveying the land or may appoint a person to convey the land or create and vest in the mortgagee a legal term of years absolute to enable him to carry out the sale, as the case may require, in like manner as if the mortgage had been created by deed by way of legal mortgage pursuant to this Act, but without prejudice to any incumbrance having priority to the equitable mortgage unless the incumbrancer consents to the sale…”’
Hardwicke Chambers, 5th January 2017
Source: www.hardwicke.co.uk
‘Britain’s financial watchdog has launched a review of the mortgage market that will probe the “inducements” routinely paid to brokers and other industry players, to see whether consumers are losing out as a result.’
The Guardian, 12th December 2016
Source: www.guardian.co.uk
‘A convicted mortgage fraudster has been stripped of more than £4 million in criminal assets after prosecutors forced him to sell off his property empire or face further time in prison.’
Crown Prosecution Service, 18th November 2016
Source: www.cps.gov.uk
‘Airbnb seems like a wonderful idea. You can rent out your flat whenever convenient without having to become a full-time landlord or hotelier. It’s an easy way to earn a little extra cash with the added bonus of a world-wide network of other people’s spare rooms available for that well-deserved weekend break. Airbnb now has 60m users, 640,000 “hosts”, 2m listings and 500,000 stays per night. It’s big!’
Tanfield Chambers, 22nd October 2016
Source: www.tanfieldchambers.co.uk
‘Campaigners led by Cherie Booth QC said that they would continue their fight against the changes to taxation of buy-to-let income after their application to launch a judicial review of the new law was turned down.’
Daily Telegraph, 7th October 2016
Source: www.telegraph.co.uk
‘William Davenport, 60, who claimed to earn almost half a million pounds a year as a computer executive, promised to spend whatever it took to preserve Windlestone Hall near Bishop Auckland in County Durham for future generations. But rather than being a jet-setting business mogul with millions in the bank, Davenport, was in fact a penniless conman, who span an elaborate web of deceit in order to build up a mind boggling property portfolio.’
Daily Telegraph, 28th September 2016
Source: www.telegraph.co.uk
‘The claimant lender, C, sought possession of residential property owned jointly by D1 and his partner D2 (the property) pursuant to a purported legal charge entered into by both the D1 and D2 (the charge). The charge secured D1’s liability to C arising under a guarantee whereby D1 had guaranteed the indebtedness of his company, “Ascot” to C.’
Hardwicke Chambers, 3rd August 2016
Source: www.hardwicke.co.uk
‘In the autumn of 2007 Laura Lambert was in desperate financial straits. She had a flat worth £120,000, but could not manage the mortgage repayments. Through the internet she made contact with S and C who duly visited her. They told her, to her surprise, that the flat was worth only £30,000 and offered to buy it from her for that sum. They told her that she would be able to continue living there indefinitely. She agreed to their proposal.’
Radcliffe Chambers, 27th July 2016
Source: www.radcliffechambers.com
‘The Solicitors Disciplinary Tribunal (SDT) has cleared two solicitors of being unwitting parties to a mortgage fraud, saying that once the mortgagor’s solicitor had been sanctioned in 2015, the Solicitors Regulation Authority (SRA) should not have continued its case against them as the purchaser’s advisers.’
Legal Futures, 9th August 2016
Source: www.legalfutures.co.uk
‘GCN’s Jonathan Holt sets out below the background and detail to the recent emergence of a potential argument employable by those facing a warrant for possession, whether it be as the result of rent arrears or a failure to make mortgage payments.’
Nearly Legal, 13th July 2016
Source: www.nearlylegal.co.uk
‘The Supreme Court has refused to hear an appeal against a decision that cleared two solicitors of “dishonest assistance in a breach of trust”, in this case a mortgage fraud.’
Legal Futures, 23rd June 2016
Source: www.legalfutures.co.uk
‘The tail-end of 2015 threw up one of those London bus-type quirks where in less than a fortnight I acted for a landlord, a lessee and a mortgagee in three cases concerning, at least in part, the issues of (a) service of forfeiture proceedings, and (b) the defendant’s non-attendance at the first hearing at which a possession order was made.’
Hardwicke Chambers, 19th April 2016
Source: www.hardwicke.co.uk
‘The case of AIB Group (UK) plc v Turner [2015] EWHC 2994 (Ch), heard over a number of days in the Birmingham District Registry towards the end of 2015, is something of a puzzle.’
Tanfield Chambers, 22nd April 2016
Source: www.tanfieldchambers.co.uk
© Inner Temple Library 2025