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Repeated unmeritorious attempts by the borrower to avoid repossession by the receivers and lender led to the strike-out of the borrower’s claim.
Town and village greens — a delay in rectification of a wrong registration is not immaterial download
On 5 February 2014, the Supreme Court heard a joint appeal of two cases with different facts, but with the same issue to be decided.
The Court of Appeal has accepted the arguments of Bank of Scotland in the first reported case to analyse the proper content of a unilateral notice registered in the charges register to a property.
‘Debtors’ to get a fairer Green Deal download
The Department of Energy & Climate Change recently announced further revisions to the Consumer Credit Act 1974, as applicable to Green Deal plans.
A recent case has emphasised the importance of getting the drafting of loan agreements right.
Building for the future download
A significant social issue is the lack of housing in the UK, and particularly the fact that an insufficient number of new homes are being built to meet the needs of the growing population.
Making a claim for adverse possession is a method by which an ‘unlawful’ occupier can acquire legal title to the land, by ‘displacing’ the paper owner.
A court was recently asked to consider the enforceability and extent of two restrictive covenants preventing specific activities in respect of development.
An improving economic outlook has seen activity in the construction industry steadily increasing, culminating in eight months of growth to the end of 2013.
Do you get what you pay for? Reasonable non-reliance clauses defeat misrepresentation claims download
Lloyd v Browning confirms that a seller’s liability for misrepresentation can be excluded by the terms of the contract provided that the exclusion clause is fair and reasonable.
The basics of forfeiture explained download
It is hardly surprising that in today’s economic climate some tenants are struggling to meet their rental payments.
Real-estate litigation specialist Martin McKeague explains the law underpinning this important decision.
Overriding interests have been a hot topic recently, due to the fact that as of midnight on 12 October 2013 their overriding status was lost.
The judgment in this case gives a thorough and helpful review of the authorities and issues in play when a solicitor seeks to rely on a section 61 TA defence to a claim for breach of trust.
The Growth and Infrastructure Act 2013 amended the Commons Act 2006 to prevent registration of land as a town or village green once a ‘trigger event’ occurs.
The relief is available at the discretion of the relevant local authority under the powers granted to it at section 47 of the Local Government Finance Act 1988.
The current position is that rent and service charges payable in advance and which fall due before the appointment of an administrator are not considered an expense of the administration.
Damage caused to property by tree roots is a problem often encountered by land owners, occupiers and developers.
Breach of trust: AIB v Redler update download
The Court of Appeal decided that although solicitors had acted in breach of trust, losses were limited to the additional security that a first legal charge would have provided.
In its 2013 budget, the government announced various financial support plans intended to invigorate the residential property market.