Court rejects call by council for pensions set-off from officer convicted of fraud – Local Government Lawyer

Posted November 27th, 2017 in equity, fraud, interpretation, local government, London, news, ombudsmen, pensions, regulations by sally

‘The High Court has rejected a London borough’s bid to set off the pension benefits of a former senior finance officer who defrauded the council.’

Full Story

Local Government Lawyer, 24th November 2017

Source: www.localgovernmentlawyer.co.uk

Speech by Sir Terence Etherton MR: Equity and Conscience – Eldon Professor’s Lecture – Courts and Tribunals Judiciary

Posted November 2nd, 2017 in equity, speeches by tracey

‘Speech by Sir Terence Etherton MR: Equity and Conscience – Eldon Professor’s Lecture.’

Full speech

Courts and Tribunals Judiciary, 30th October 2017

Source: www.judciary.gov.uk

The equity of exoneration reconsidered: Williams v Onyearu [2017] EWCA Civ 268 – Hardwicke Chambers

Posted May 16th, 2017 in appeals, equity, housing, matrimonial home, news by sally

‘The equity of exoneration is a principle which arises at the difficult intersection of the law of sureties and proprietary interests in jointly-owned property – commonly, family homes. It is a common law doctrine which saw much development in the latter part of the 19th Century, and had not been properly considered by the Court of Appeal since 1898 before the case of Williams v Onyearu.’

Full story

Hardwicke Chambers, 9th May 2017

Source: www.hardwicke.co.uk

Proprietary Estoppel: Recent Updates – Henderson Chambers

Posted July 13th, 2016 in appeals, compensation, equity, estoppel, news by sally

‘Proprietary estoppel is a flexible and useful cause of action. Instances of parties claiming entitlement to equitable relief by way of proprietary estoppel have increased markedly in the last few years. Proprietary estoppel is often pleaded in addition to other causes of action, such as resulting trusts, common intention constructive trusts and contract claims. Consequently it is an important area of law for property, family and commercial practitioners.’

Full story

Henderson Chambers, June 2016

Source: www.hendersonchambers.co.uk

Priority in Sale and Leaseback – Radcliffe Chambers

Posted March 19th, 2015 in contracts, equity, leases, mortgages, news by sally

‘Scott v. Southern Pacific Mortgages Ltd, in which the Supreme Court gave judgment on 22nd October 2014, has finally determined, in favour of the mortgagees, the question of priority between home owners, who had sold their homes under sale and leaseback schemes after getting into financial difficulties in return for the grant of a tenancy from the purchaser, and the mortgagees who provided the finances for the purchases. In order for the home owners’ unregistered interests to override a registered disposition under the Land Registration Act 2002, the interest had to be a proprietary interest, but prior to acquiring the legal estate a purchaser could not grant equitable rights of a proprietary character, as opposed to personal rights.’

Full story (PDF)

Radcliffe Chambers, 10th February 2015

Source: www.radcliffechambers.com

Suspending belief – Nearly Legal

Posted December 15th, 2014 in appeals, equity, land registration, landlord & tenant, mortgages, news, Supreme Court by tracey

‘We have dealt with the basic facts in Scott v Southern Pacific Mortgages Ltd [2014] UKSC 52 when considering its previous incarnations (Cooke v Mortgage Business [2012] EWCA Civ 17 and Re North East Property Buyers Ltd [2010] EWHC 2991 (Ch)). In summary, the basic question for the Supreme Court was this: where a seller has agreed, prior to the contract of sale, that the buyer will grant the seller a tenancy after the sale, does the seller have that right so as not only to bind the buyer but also the buyer’s lender? I think, when framed as a question like that, the answer seems obvious. Call me a weak-kneed liberal, but all the equity (colloquially speaking) is in favour of the seller. They have entered in to the transaction on that basis and would not have entered in to the transaction otherwise. We all make bad deals which the law doesn’t get us out of, but the equity isn’t really in our favour: why should the law get us out of a bad deal?’

Full story

Nearly Legal, 14th December 2014

Source: www.nearlylegal.co.uk

Magic beans for that cow? – Zenith Chambers

Posted November 17th, 2014 in appeals, equity, housing, landlord & tenant, leases, mortgages, news, rent, Supreme Court by sally

‘The North East Property Buyers litigation test cases finally reached the Supreme Court and judgment was handed down on 22nd October 2014. Any practitioner in property and housing litigation in the North East, and indeed further afield, will have had some knowledge of, or dealings with, schemes such as were in these cases examined. They concerned sale and lease back agreements, a simple enough notion, involving the purchase of a vendor’s home by a nominee, often at an undervalue, in return granting the vendor a lease of the property, thereby releasing equity to the vendor and allowing them to remain in the property at a reduced rent.’

Full story (PDF)

Zenith Chambers, 24th October 2014

Source: www.zenithchambers.co.uk

No loss of confidence – establishing causation in confidential information claims – RPC Privacy Law

‘This case is an interesting example of a claim for breach of confidence (both in contract and in equity) where, although liability was established, only nominal damages (£1) were awarded to the Claimant.’

Full story

RPC Privacy Law, 7th October 2014

Source: www.rpc.co.uk

Bribes and secret commissions: Cedar in the Supreme Court – New Square Chambers

Posted September 3rd, 2014 in agency, bribery, equity, fiduciary duty, news, trusts by sally

‘What claim does a principal have where an agent or other fiduciary receives a bribe or secret commission in breach of the duty owed to him? Is the principal confined to a personal claim for equitable compensation from the fiduciary or canhe show that the bribe or commission was held on trust for him? After two centuries of debate in and out of the courts, the Supreme Court in FHR European Ventures LLP v Cedar Capital Partners [2014] UKSC 45 determined that the bribe or commission is held on trust such that the principal does enjoy a proprietary claim.’

Full story

New Square Chambers, 14th August 2014

Source: www.newsquarechambers.co.uk

The quasi-trust – The Barristers’ Hub

‘As every student of equity knows well, a trust is a type of property ownership in which one or more people (the trustee(s)) hold property on behalf of one or more other people (the beneficiary/ies), exercise all the powers of an owner of property in relation to third parties, but are bound to do so for the exclusive interests of the beneficiaries. A trust can be express, made by a formal written implement, or implied, either by transfer of property without explanation (a resulting trust) or in circumstances where the common intention of the parties is or is deemed to be for the property to be held on trust (a constructive trust). Both express and implied trusts are genuine trusts: the property is owned by the trustee, subject to the interest of the beneficiaries.’

Full story

The Barristers’ Hub, 1st August 2014

Source: www.barristershub.co.uk

The County Court challenge: a practical view from the Bar – Littleton Chambers

Posted May 12th, 2014 in civil procedure rules, county courts, damages, equity, jurisdiction, news by sally

‘Given the continued attention commanded by the stream of relief from sanctions decisions and the implementation of the Jackson reforms, it is unsurprising that the secondary legislation that brought into force section 17 of the Crime and Courts Act 2013, and which made related changes to the CPR (see Legal update, The Civil Procedure (Amendment) Rules 2014 published), passed by relatively unnoticed. It would, however, be a mistake not to note the significant changes to the County Court and its jurisdiction. These will throw up significant practical issues for the courts themselves and, in some regions more than others, will create a number of tactical dilemmas for litigators.’

Full story (PDF)

Littleton Chambers, 7th May 2014

Source: www.littletonchambers.com

Equitable Interests in Patents and Patent Applications – NIPC Law

Posted April 11th, 2014 in constructive trusts, equity, news, patents by sally

‘In Yeda Research and Development Company Ltd v. Rhone-Poulenc Rorer International Holdings Inc and Others [2007] Bus LR 1796, [2007] BusLR 1796, [2008] 1 All ER 425, [2007] UKHL 43 Lord Hoffmann described s.7 (2) and (3) of the Patents Act 1977 as “an exhaustive code for determining who is entitled to the grant of a patent.”‘

Full story

NIPC Law, 10th April 2014

Source: www.nipclaw.blogspot.co.uk

A note on equitable rectification – Hardwicke Chambers

Posted December 12th, 2013 in equity, mistake, news, rectification by sally

‘Equitable rectification provides a separate, distinct and interesting remedy that is available to cure errors in executed agreements. The availability of the remedy can often be critical in circumstances, for example, where the transaction requires registration at the Land Registry or third party rights and interests are affected by the agreements. In landlord and tenant and real estate transactions the remedy has been granted in a myriad of circumstances ranging from disputes about break clauses, rent review, real estate transfers or sale and leaseback agreements. Rectification in these is therefore of more than passing academic interest, its grant nullifying potentially disastrous consequences when an executed agreement incorrectly records the agreement made between the parties. ‘

Full story

Hardwicke Chambers, 5th December 2013

Source: www.hardwicke.co.uk

Role of Equity in Mistaken Transactions – Speech by the Chancellor of the High Court

Posted November 25th, 2013 in causation, contracts, equity, mistake, rectification, restitution, speeches, trusts by tracey

‘Role of Equity in Mistaken Transactions – Speech by the Chancellor of the High Court. ACTAPS lecture 2013, delivered 20th November 2013.’

Full speech

Judiciary of England and Wales, 21st November 2013

Source: www.judiciary.gov.uk

NCA suffers Supreme Court defeat on assets recovery marshalling claim – 11 Stone Buildings

“On 23 October 2013, the Supreme Court gave judgment in Szepietowski v. the National Crime Agency (formerly the Serious Organised Crime Agency, ‘SOCA’). The case is now the leading authority on the marshalling of securities and will be of interest to those advising banks and other businesses involved in secured lending. The case, however, will also be of general interest in light of the Court’s consideration of the principles applicable to the construction of settlement agreements which involved the Court distinguishing the decision of the House of Lords in Bank of Credit and Commerce International v. Ali [2002] 1 AC 251.”

Full story (PDF)

11 Stone Buildings, 23rd October 2013

Source: www.11sb.com

National Crime Agency v Szepietowski and another – WLR Daily

Posted October 30th, 2013 in appeals, assets recovery, debts, equity, law reports, mortgages, proceeds of crime by sally

National Crime Agency v Szepietowski and another [2013] UKSC 65; [2013] WLR (D) 408

“The equitable remedy of marshalling was not available where the security held by the second chargee did not secure an underlying personal debt of his to the chargor. Therefore the National Crime Agency, having agreed to take a second mortgage over a property in settlement of its claim that it had been purchased by its owner with the proceeds of crime, could not, when the sale of the property only realised sufficient funds to pay off the debt secured under a first mortgage to a bank, require the bank to enforce its security against another property mortgaged by the owner to that bank.”

WLR Daily, 23rd October 2013

Source: www.iclr.co.uk

Szepietowski (Nee Seery) (Appellant) v The National Crime Agency (Respondent) – Supreme Court

Szepietowski (Nee Seery) (Appellant) v The National Crime Agency (Respondent) [2013] UKSC 65 | UKSC 2011/0196 (YouTube)

Supreme Court, 23rd October 2013

Source: www.youtube.com/user/UKSupremeCourt

Scuppering unscrupulous spouses – New Law Journal

Posted June 10th, 2013 in divorce, equity, family courts, financial provision, news, setting aside by sally

“What are the implications of a court setting aside a disposal made by a divorcing spouse to a third party? Anna Heenan & Ed Heaton report.”

Full story

New Law Journal, 7th June 2013

Source: www.newlawjournal.co.uk

Day and another v Day – WLR Daily

Day and another v Day [2013] EWCA Civ 280; [2013] WLR (D) 129

“For the purposes of the doctrine of rectification in the case of a voluntary settlement it was the subjective intention of the settlor that was of relevance in determining whether the court should order rectification and an outward expression or objective communication of that intention was unnecessary in such a case.”

WLR Daily, 27th March 2013

Source: www.iclr.co.uk

Developing equity – a view from the Court of Appeal – Speech by Lord Neuberger of Abbotsbury, Master of The Rolls

Posted January 24th, 2012 in equity, judges, speeches by sally

Developing equity – a view from the Court of Appeal (PDF)

Speech by Lord Neuberger of Abbotsbury, Master of The Rolls

Chancery Bar Association Conference, 20th January 2012

Source: www.judiciary.gov.uk