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Injunction without notice: Ensure it is right in your situation

by bawilliams | Feb 6, 2025 | Property Law

The High Court dismissed an application for an injunction without notice to prohibit any sale, transfer or disposal of two properties due to the lack of any basis for a legal challenge against the writs.  Background: The claimant, the "Trustee of the House...

Beneficial interest, trust arrangements and mortgage possession proceedings 

by bawilliams | Jan 30, 2025 | Property Law

The High Court was faced with complex mortgage possession proceedings. Background: Together Commercial Finance Limited (TCFL), a mortgagee, sought a possession order against the tenant, Fay of London Limited (FOL) in relation to Flat A, a premises leased to FOL, which...

Too much earth against the side of a wall can amount to a nuisance

by bawilliams | Jan 23, 2025 | Property Law

The High Court was asked whether a mandatory injunction requiring the hotel to permanently reduce the height of the earth on its side of the wall was justified, or whether damages would be more appropriate. Background: The appellants operate a hotel and the...

The right to buy can be satisfied even by the limited occupation of the property

by bawilliams | Jan 16, 2025 | Property Law

The Court of Appeal (CoA) gave clarity on what constitutes ‘tenant condition’ in the right to buy (RTB). Background: On 4 November 2002, the Council granted Rabbi Weintraub and his late wife a secure tenancy of the property. After his wife died in June...

Returning a deposit – ensure that the contractual terms are on your side

by bawilliams | Jan 9, 2025 | Property Law

The High Court was asked to address a complex property contract dispute including the return of a deposit in a property development agreement (PDA).  Background: On the 21st of June 2022, Weston Homes PLC agreed to purchase from the first defendant, Henley...
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