Articles

Knowledge of a Form K beneficial charging order restriction is not enough for a conveyancing solicitor to be fixed with a constructive trust or dishonest assistance liability in relation to the proceeds of sale. On 9 February 2024, Master McQuail gave oral judgment in Dattani & Anr v Rasheed & Ors striking out relevant paragraphs the Claimants’ statements of case against a conveyancing solicitor pleaded on the above grounds. Cecily Crampin appeared for the successful applicant.

• Cecily Crampin

In this series of articles, we aim to highlight 3 of the most interesting cases in our field decided in the past month. This month we cover cases about whether time is of the essence for paying a deposit when exercising an option to extend a lease; how to determine what forms part of the ratio of a case in the context of the reasonable belief required to establish adverse possession; and the iniquity exception to legal professional privilege.

• Stephanie Tozer KC
• Fern Schofield

This was a decision given on 19 January 2024, is the first major case on remediation contribution orders under section 124 of the Building Safety Act 2022.

• Paul Letman
• Cecily Crampin

Section 104(2) is frequently used to ease the conveyancing process when a mortgagee sells the security: it enables the mortgagee to pass good title to a purchaser even if the exercise of its power of sale is unauthorised, improper or irregular. The corollary of that power, the obligation to pay damages if a wrongful sale occurs, has, until recently, received little attention. This article high-lights two recent cases, explains what we can learn from them, and sets out some thoughts on the remaining unanswered questions arising out of this provision. Stephanie Tozer KC and Kavish Shah wrote this article for Butterworths Journal of International Banking and Financial Law.

• Stephanie Tozer KC
• Kavish Shah

In this series of articles, we aim to highlight 3 of the most interesting cases in our field decided in the past month. This month: time limits on appeal, cynical breach of restrictive covenants, and limitation periods for breach of statutory duty under FSMA.

• Fern Schofield