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October 24, 2024 0Comments

Zone of influence: You can reduce the price and request an additional payment following the Coal Authority’s approval

The High Court was concerned with the question of the correct construction of a clause for additional payment in a sale and purchase agreement.

Background:

Harworth entered into an agreement with

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October 17, 2024 0Comments

Cryptoassets are property

The High Court was faced with the highly controversial question as to whether cryptoassets can be regarded as property in the UK.

Background:

Mr. D’Aloia alleges that he was victim of a fraud. He

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October 10, 2024 0Comments

Consideration of residential vs non-residential property for Stamp Duty Land Tax purposes

The First-tier Tribunal (FTT) upheld an appeal that a property was a mixture of residential and non-residential property for the purposes of Stamp Duty Land Tax (SDLT).

Background:

Mr. Brzezicki

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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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