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October 3, 2024 0Comments

Confiscation orders and beneficial ownership – yes, they can be subject to estoppel

The High Court heard a case on beneficial ownership of a property which was subject to a confiscation order under the Proceeds of Crime Act (PCA) 2002.

Background:

Mesut Baybasin is the registered

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September 26, 2024 0Comments

Beware of disrespecting improvement notices and mitigating factors

The Court of Appeal (CoA) ruled that the Upper Tribunal (UT) had erred in fettering the discretion afforded by Private Sector Housing Enforcement Policy.

Background:

Mr. Kazi owned a portfolio of

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September 19, 2024 0Comments

Even if you have no legal right to occupy a property, you still have the right to be forced to leave in accordance with the law

The Court of Appeal (CoA) heard a dispute over possession of a property owned by a company which was under administration despite the property being mortgaged.

Background:

The appellant and his

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September 12, 2024 0Comments

Injunctions can be used to restrain property sales

The High Court was faced with a question regarding a potential injunction to restrain sale based on an oral option to purchase.

Background:

Mr. Roger Matthews is a second cousin of Mr. Frank

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September 5, 2024 0Comments

Mortgage accounts cannot always be remedied in court

The High Court dismissed a claim for a mortgage account as there was no genuine dispute underlying the request.

Background:

Mr. Coutts-Lovie was granted a mortgage in September 2006 for £640,000

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August 29, 2024 0Comments

Ambiguous signs can result in a right of way being created

The issue in this appeal is whether the owner of a house on a private road has acquired a right of way on foot over part of the road belonging to one of his neighbours.

Background:

Barratt Homes

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August 22, 2024 0Comments

Paddocks are not part of the grounds of the dwelling

The Upper Tribunal (UT) confirmed that a paddock acquired as part of the purchase of a dwelling did not constitute part of the grounds of the dwelling for the purposes of Section 116(1) (b) of the

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August 15, 2024 0Comments

Transfer of property without knowledge

This case focuses on allegations of undue influence in signing a declaration of trust, forgery in buying a property, and property ownership issues.

Background:

Mr. Cissé is a professional

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August 8, 2024 0Comments

Is a floating caravan still a mobile home? 

The Court of Appeal (CoA) was faced with the question as to whether a caravan stationed on a pontoon structure turning it into a houseboat is covered under the auspices of the Mobile Home Act 1983.

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August 1, 2024 0Comments

Collateral warranties are not construction contracts.

The Supreme Court has handed down an important decision which effectively restated that Section 104(1) of the Housing Grants, Construction & Regeneration Act 1996 (HGCRA 1996) does not generally

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