Articles

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: the scope of the jurisdiction to grant relief from forfeiture; an injunction relating to mooring rights; and the requirement of detrimental reliance in establishing a common intention constructive trust.

• Stephanie Tozer KC
• Fern Schofield

The Court of Appeal allowed the appeal, holding that a party claiming a subsequent increase in their equitable share as a result of a post-acquisition changed common intention must show detrimental reliance on the changed common intention. In this case there had been sufficient detrimental reliance.

• Elizabeth Fitzgerald
• Toby Boncey

Statutory consultation requirements may be dispensed with after a determination under s.27A of the Landlord and Tenant Act 1985 (“the 1985 Act”) that service charges are payable only to the extent of the statutory cap.

• Toby Boncey

Priority in mortgage receivership: Cecily Crampin, Tricia Hemans & Imogen Dodds examine distribution of funds & multiple receivers

• Cecily Crampin
• Tricia Hemans
• Imogen Dodds

Elizabeth Fitzgerald has produced a short summary on the Guest v Guest case. The Supreme Court heard this appeal on 2nd December 2021 and judgment was handed down today (19th October 2022).

• Elizabeth Fitzgerald