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Top 3 Cases - December 2022 04 January 2023

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.


Hudson v Hathway [2022] EWCA Civ 1648 22 December 2022

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.

Download: Hudson v Hathway [2022] EWCA Civ 1648

Lifting the cap - A case note on Lambeth LBC v Kelly [2022] UKUT 00290 (LC) 30 November 2022

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.


Playing second fiddle? 29 November 2022

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

Download: Playing second fiddle?

Guest v Guest 19 October 2022

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).


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