Top 3 Cases of May 2025
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: decisions about actual occupation; the Court of Appeal on adverse possession against the estate of a deceased person; and landlord’s commission on insurance premiums.
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Focus on: section 49 of the Law of Property Act 1925
The sixth article in our series of monthly articles commemorating the centenary of the passage of the Law of Property Act 1925 is written by Stephanie Tozer KC and Nathaniel Duckworth KC.
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Top 3 Cases of April 2025
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: 2 Court of Appeal cases, on boundary agreements, and the role of assessors in proceedings, and a High Court decision about recovery of property where there has been a breach of FSMA.
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Top 3 Cases March 2025
This month, unusually, two County Court decisions (on Landlord and Tenant Act 1954 s 30(1)(f) and on the terms of relief against forfeiture), as well as an Upper Tribunal decision the correct approach to challenging improvement notices.
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Top 3 Cases February 2025
This month: two Supreme Court decisions, on whether merger occurs when a declaratory judgment in made and the reasonable belief that needs to be shown when an adverse possession claim is made, and an important Electronic Communications Code case relating to grounds of opposition.
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Top 3 Cases October 2024
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: costs in the First-tier Tribunal, variation of possession orders, and assessment of evidence on appeal.
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Top 3 Cases September 2024
This month: the interplay between possession and insolvency proceedings; issuing a claim without naming a defendant; and how periodic tenancies creating Code rights can be brought to an end. The cases are: Carvill-Biggs v Reading [2024] EWCA Civ 1005, Hughes Family Property Co Ltd v No Defendant [2024] EWHC 2288 (Ch), On Tower UK Limited v AP Wireless II (UK) Limited LC–2023–000852 and others.
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Top 3 Cases July 2024
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: nuisance and sewage undertakers; the scope of strike out for abuse of process; and break clauses and consideration under the Electronic Communications Code.
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Top 3 cases April 2024
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’ve selected two Court of Appeal cases on partnership and conjoining multiple claims respectively, and a High Court case about the right to buy.
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Top 3 Cases - February 2024
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 Upper Tribunal’s jurisdiction to set aside an order purportedly modifying leasehold covenants; the Court of Appeal on whether a joint tenancy or tenancy in common is to be presumed when land is bought for business purposes; and the Upper Tribunal on 2 aspects of the Electronic Communications Code, which casts doubt on the position adopted in some texts about the 1954 Act.
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Top 3 Cases January 2024
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.
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Damages for the damnified? What DOES Law of Property Act s 104(2) mean?
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.
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Top 3 Cases November 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: when new points can be raised on appeal, compliance with tenants’ rights of first refusal, and the costs of dispensing with consultation requirements in the context of the Building Safety Act.
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Top 3 Cases - October 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, we have picked two cases under the 1954 Act, and one on rent repayment orders.
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Top 3 Cases September 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, we’ve selected a pair of cases from the Supreme Court and Privy Council on the scope of arbitration agreements and bifurcation, and one from the Upper Tribunal on service charges.
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Top 3 Cases August 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, we’ve selected cases from the Privy Council on adverse possession; the Upper Tribunal on modification of restrictive covenants; and the County Court on the cheque rule.
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Top 3 Cases July 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 Court of Appeal have been busy and we were spoilt for choice! We’ve selected cases on concurrent leases under the telecoms Code, receivership, and the ability to challenge a decision by the Upper Tribunal to refuse permission to appeal from the First-tier Tribunal.
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Top 3 Cases - March 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 Supreme Court on statutory interpretation and the Court of Appeal on party walls and summary assessments of costs.
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Top 3 Cases - December 2022
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.
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New Telecoms case on valuation under the 1954 Act
In the first case County Court judgment reported this year, EE Limited and Hutchison 3G Limited v Morriss and ots [2022] EW Misc 1 (CC), Judge Rodger QC gave further guidance on the correct approach. Stephanie Tozer QC, who appeared for the operators provides a short summary.
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Top 3 Cases - March 2022
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’ve opted for cases on: cause of action estoppel, champerty, and the requirement for detrimental reliance for common intention constructive trusts.
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Receivership in the COVID-19 Crisis
Stephanie Tozer QC and Cecily Crampin on receivership in the COVID-19 Crisis.
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A New Line of Attack?
A Masterclass in litigation under the new Electronic Communications Code (first published in NLJ July 2018)
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A Very Bold Fraudster
In a recent appeal arising out of a property fraud a long time ago, the Upper Tribunal determined that the fraudster was not able to claim adverse possession of the property to defeat the true owner’s claim to have it back, even if he had been in possession for more than 12 years prior to 2003.
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Lending decisions - impact on professional negligence claims
In this article, Stephanie Tozer explores the judge’s criticisms of a lending decision in the recent case of Governors and Company of the Bank of Ireland v Watts Group plc [2017] EWHC 1667, and the effect of the decision.
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Update on the actual occupation overriding interest
Reminder of the context in which the question of overriding interests arises
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Mortgages and insolvency
The task of understanding how such a mortgage is affected by the detailed insolvency regime is not an easy one.
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Adverse Possession
How long must be the "reasonable belief" last?
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Valuation issues in terminal dilapidations
Some thoughts on the legal aspects of the valuation conundrums.
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Mortgagee’s Remedies: A Roadmap
This article looks at some issues that can arise whenever a mortgagee wants to exercise a remedy, and the more common of the various remedies open to a mortgagee in the event of default – namely possession, sale and the appointment of a receiver.
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Renewing a business lease
A step-by-step practical guide
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