Publications: October 2014

 

Remedies After Coventry v Lawrence – Shelfer Shelved

David Holland was called to the Bar in 1986 and took silk in 2011. The core of David’s practice is all forms of property litigation but he also practices in the areas of professional negligence and costs. David has immense experience of litigating at all levels of court. His recent cases include: Denton v White […]

31st Oct 2014 Speakers Corner Read more

Land registration and fraudulent dispositions

Introduction The Land Registration Act 2002 (“the LRA 2002”) came into force 11 years ago. After 152 years of “the land registration project” over 80% of the land in England and Wales is registered. The Law Commissioner responsible for property projects, Professor Elizabeth Cooke, recently said: “the purpose of title registration is to guarantee title”. […]

31st Oct 2014 Speakers Corner Read more

Sirhowy Investments Ltd v Henderson & Knight

The Message Tenants should avoid conditional break clauses if they can. The Case Once again, the onerous nature of break clause conditions has cost a tenant dearly (Sirhowy Investments Limited v Henderson and Knight (30 October 2014)). In 2004, Mr Henderson and Miss Knight, the tenants, rented land in Pontilanfraith in Wales from Sirhowy for […]

30th Oct 2014 Recent Property Cases Read more

Lender breach of trust claims

The problem 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 […]

30th Oct 2014 Speakers Corner Read more

Francis v Phillips

Bullet Points The legislation limits residential service charge recovery unless there is the requisite consultation before qualifying works. The High Court’s approach to qualifying works would have led to excessive consultations. The Court of Appeal’s more sensible approach applied the limit and need for consultation to individual sets of works. The Message Landlords breathe a […]

28th Oct 2014 Recent Property Cases Read more