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In Target Holdings Ltd v Redferns [1996] 1 AC 421, the House of Lords proceeded on the basis, first, that the money given by the finance company lender to its solicitors was “to be held on a bare trust and transferred to the mortgagor once the property had been purchased and charged to (it)” and, secondly, that the payment away of some of the majority of that money “before the prospective mortgagor had purchased the property” and “without having received any charge on the property” amounted to a breach of trust. This form of liability is not fault-based.

The legislation limits residential service charge recovery unless there is the requisite consultation before qualifying works.

Off the starting blocks we assume the covenant is enforceable, but it is necessary to check the running of the benefit and burden meticulously.

An Englishwoman’s home is not her castle.

A sale contract must clearly state if VAT is payable on the price.

Developers can suffer from badly drafted agreements.

Bad behaviour by business tenants can lead to loss of their right to renew their Leases.

Be careful who you deal with.

A landowner is not an insurer of nature.

In the recent case of Szepietowski v The Serious Organised Crime Agency [2013] UKSC 65, the Supreme Court has reviewed the equitable doctrine of marshalling. There are comparatively few reported cases in this area, and the Szepietowski case therefore provides useful guidance as to when a second secured creditor will be entitled to rely on the doctrine.