Category: deposits

Sharma and another v Simposh Ltd – WLR Daily

Posted November 28th, 2011 in deposits, law reports, repayment, sale of land by sally

Sharma and another v Simposh Ltd [2011] EWCA Civ 1383; [2011] WLR (D) 341

“Property in a deposit could pass to the vendor notwithstanding that the sale contract was void for non-compliance with the formal requirements of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, provided that the payment was not intended to be conditional upon completion of the transaction; and the vendor could retain the deposit if the purchaser had received the expected benefit.”

WLR Daily, 23rd November 2011

Source: www.iclr.co.uk

Procedural Control Mechanisms – Strike Out, Deposits, Stays and Costs – 11 KBW

Posted November 14th, 2011 in costs, deposits, employment tribunals, news, stay of proceedings, striking out by sally

“The Employment Tribunal system is under attack! It is regularly exposed to criticism as being inefficient, costing those who participate in it too much money and amounting to a disproportionate burden on business. Such criticism has been made all the more fiercely of late both because of the economic climate and also because the Government has been reviewing the Employment Tribunal system with the express aim of reducing the burden placed on business by it.”

Full story (PDF)

11 KBW, 10th November 2011

Source: www.11kbw.com

Landlords free to ignore deposit protection deadlines – The Guardian

Posted November 16th, 2010 in deposits, landlord & tenant, news by sally

“Appeal court says a strict interpretation of Housing Act allows landlords to disregard deadlines for tenant deposit schemes.”

Full story

The Guardian, 15th November 2010

Source: www.guardian.co.uk

Aribisala v St James’ Homes (Grosvenor Dock) Ltd – Times Law Reports

Posted April 4th, 2008 in contracts, deposits, law reports, sale of land by sally

Aribisala v St James’ Homes (Grosvenor Dock) Ltd

Chancery Division

“The only real scope for the exercise of the court’s discretion, under section 49(2) of the Law of Property Act 1925, to order the return of a deposit, was when the purchaser of a property was unable to perform the contract; whereas, a purchaser would have the right to the return of the deposit when a vendor was unable to perform the contract.”

The Times, 4th April 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.