Disciplinary Déjà vu: Res Judicata and Trade Union Disciplinary Proceedings – Parklane Plowden

‘The case related to a complaint made against Mr McFadden, that he had inappropriately touched a woman at an anti-austerity march attended by Unite members. A complaint was raised with Unite and Mr McFadden was found to have breached the union’s rules on conduct “in the workplace”. He appealed through the union’s procedures and his appeal was unsuccessful. Thereafter, Mr McFadden made a complaint to the assistant certification officer [“ACO”]. The ACO determined that as the alleged conduct was outside the workplace, in a context where Mr McFadden was not acting as a representative of Unite, nor at an event organised by Unite, the complaint did not pertain to conduct that Unite could discipline him for and consequently the allegation was null and void. The ACO ordered Unite to reinstate McFadden to his positions held prior to the suspension.’

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Parklane Plowden, 10th March 2021

Source: www.parklaneplowden.co.uk

No loss, no gain, no mesne profit? – New Square Chambers

Posted April 15th, 2021 in estoppel, landlord & tenant, leases, mesne profits, news by sally

‘This decision is a real treat to read. The case, which is principally concerned with the validity of a break clause notice served by a landlord to determine a lease, is delivered in a communicative style, and enlivened by a number of sporting references.’

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New Square Chambers, 1st April 2021

Source: www.newsquarechambers.co.uk

A Spate of Strike Outs: A Review of the Law on Res Judicata – Ropewalk Personal Injury Blog

‘During January 2021 the Court of Appeal handed down three judgments on appeals relating to strike out applications under CPR 3.4(2)(b): Allsop v Banner Jones Ltd [2021] EWCA Civ 7, PricewaterhouseCoopers LLP v BTI 2014 LLC [2021] EWCA Civ 9 and Tinkler v Ferguson [2021] EWCA Civ 18.’

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Ropewalk Personal Injury Blog, 25th February 2021

Source: www.ropewalk.co.uk

Court draws adverse inferences from “deliberate destruction” of emails – Litigation Futures

Posted February 23rd, 2021 in electronic mail, estoppel, evidence, film industry, guarantees, news by tracey

‘A High Court has described the double deletion by a witness for the claimant of crucial emails on the eve of the trial of a film financing dispute as a “very serious misdeed”.’

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Litigation Futures, 23rfd February 2021

Source: www.litigationfutures.com

The cart before the horse when requesting an adjudicator: Land End Developments Construction Limited v Kingstone Civil Engineering Limited [2020] EWHC 2338 – Hardwicke Chambers

‘These proceedings related to an adjudicator’s decision dated 27th April 2020 (“the 27th April Decision”) under the Scheme for Construction Contracts (England and Wales) Regulations 1998 as amended (“the Scheme”). Lane End Developments Construction Limited (“Lane End”) was the main contractor on a housing development (“the Development”) and Kingstone Civil Engineering Limited (“Kingstone”) was sub-contracted to carry out enabling works for the Development. On 2nd March 2020, Kingstone issued Interim Payment Application No. 17 in the sum of £356,439.19, but Lane End did not serve a Pay Less Notice nor, until 26th March, did it serve a Payment Notice.’

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Hardwicke Chambers, 13th November 2020

Source: hardwicke.co.uk

Proprietary Estoppel and the Matrimonial Home on the Death of a Spouse – Anaghara v Anaghara & Ors [2020] EWHC 3091 – Pump Court Chambers

Posted November 24th, 2020 in bereavement, domicile, estoppel, married persons, matrimonial home, news by sally

‘It is rare that a spouse needs to pursue a claim in proprietary estoppel to secure occupation of a matrimonial home owned by the other spouse on the latter’s death: the Inheritance (Provision for Family and Dependants) Act 1975 will usually provide a remedy. But where, as here, the deceased is not domiciled in England and Wales the 1975 Act does not apply and an interesting point arises. The trial judge had found that there had been repeated representations to the effect that the wife might live in the property for so long as she wished made over a period of more than 20 years. The wife had reasonably relied upon those representations (understandably so one might think). However, the estate argued that the wife’s long “rent-free” occupation of the property owned by her husband counted as a “countervailing benefit” which the court was obliged to weigh in the balance and might mitigate or extinguish her equity. Such a countervailing benefit has been taken into account in the case of a licensee who harvests a crop (Henry v Henry [2010] UKPC 3) of a live-in carer paying no rent (Jennings v Rice [2002] EWCA 159) and of a son-in-law paying no rent to his parents-in-law after the death of his wife (Sledmore v Dalby (1996) 72 P & CR 196). In the latter case the benefit was sufficient wholly to extinguish the equity.’

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Pump Court Chambers, 20th November 2020

Source: www.pumpcourtchambers.com

Construction companies lose Court of Appeal challenge over expert determination – Local Government Lawyer

Posted November 17th, 2020 in construction industry, contracts, estoppel, housing, news, planning by sally

‘A consortium of construction companies has failed in an appeal over a High Court judge’s dismissal of its claim for a declaration that the decision of an independent expert in relation to a revised section 106 agreement was not conclusive and binding on the parties.’

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Local Government Lawyer, 16th November 2020

Source: www.localgovernmentlawyer.co.uk

“For every promise, there is a price to pay” – St Ives Chambers

Posted April 28th, 2020 in estoppel, news, succession by sally

‘The basic ingredients for proprietary estoppel are well known, and many property practitioners would feel comfortable in spotting an estoppel when it has arisen. However, there is a shadowy question that is often avoided – assuming the estoppel is established, what is the actual result? After all, that is what the client will be most interested in!’

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St Ives Chambers, 23rd April 2020

Source: www.stiveschambers.co.uk

No oral modification clauses after Rock Advertising: Some property law difficulties – Wilberforce Chambers

Posted December 10th, 2019 in contracts, drafting, estoppel, news by sally

‘“No Oral Modification” clauses (“NOMs”) are regularly found in the boilerplate clauses towards the back of contracts. They are designed, and included, to try to impose some formality on future changes to the contractual arrangement between the parties. But does this work, and, if so, how? The conceptual difficulty with such clauses has been around for centuries.’

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Wilberforce Chambers, 5th December 2019

Source: www.wilberforce.co.uk

If you go down to the woods today – Nearly Legal

Posted November 18th, 2019 in damages, estoppel, housing, human rights, landlord & tenant, leases, news, rent, repairs, repossession by sally

‘This is a rather odd case concerning possession of a farmhouse in the Forest of Dean. It had been first occupied by the defendant’s mother and step father in 1993. The terms of this were in dispute, but the rent was £155 and the step-father was to undertake repairs and maintenance to the property. The step-father did carry out some repairs, but he moved out in 2002, visiting and leaving some possessions there thereafter. The mother moved out in 2006. Various other family and friends lived at the property in subsequent years. The defendant had rented and bought property of his own, but took on repairs to the farmhouse and regarded it as his family home.’

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Nearly Legal, 17th November 2019

Source: nearlylegal.co.uk

UK court considers validity of payment notices under ‘hybrid’ contracts – OUT-LAW.com

Posted October 14th, 2019 in construction industry, contracts, estoppel, news by tracey

‘The High Court has provided guidance to parties on the application of the payment provisions in the 1996 Housing Grants, Construction and Regeneration Act (“Construction Act”) to “hybrid” contracts, which cover both construction and non-construction operations.’

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OUT-LAW.com, 10th October 2019

Source: www.pinsentmasons.com

Second possession orders and estoppel – Nearly Legal

‘A court of appeal decision on a first instance application, where the main issue was whether, given an historic possession order, the landlord could bring fresh possession proceedings.’

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Nearly Legal, 24th March 2019

Source: nearlylegal.co.uk

Lord Briggs at the Denning Society Annual Lecture, Lincoln’s Inn – Supreme Court

Posted November 16th, 2018 in equity, estoppel, fiduciary duty, forfeiture, lectures, rectification, solicitors by tracey

‘Lord Briggs at the Denning Society Annual Lecture, Lincoln’s Inn.’

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Supreme Court, 8th November 2018

Source: www.supremecourt.uk

Bennett v Bennett & Others [2018] EWHC 1931 (Ch) – Tanfield Chambers

Posted August 6th, 2018 in contracts, estoppel, news, sale of land, trusts by sally

‘Tanfield barristers Marc Glover and Chloe Sheridan successfully represented the Claimants in a High Court dispute over East Thurrock United Football Club. In a judgment handed down on 25th July 2018, the Court dismissed the defendant’s and additional parties’ claims to a share in the land used by the Football Club, claimed to be worth £10 million.’

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Tanfield Chambers, 6th August 2018

Source: www.tanfieldchambers.co.uk

Farming disputes and proprietary estoppel: Gee v Gee – Family Law

Posted July 5th, 2018 in agricultural holdings, appeals, estoppel, evidence, families, news, witnesses by tracey

‘In recent years there has been a procession of farming proprietary estoppel cases, the most famous of which was probably Davies v Davies [2016] EWCA Civ 463, [2017] 1 FLR 1286 with the claimant in that case capturing the media’s attention as the “Cowshed Cinderella”. On 11 June 2018 Mr Justice Birss, sitting in Bristol, handed down judgment on the latest, the case of Gee v Gee & Anor [2018] EWHC 1393 (Ch), [2018] All ER (D) 58 (Jun).’

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Family Law, 4th July 2018

Source: www.familylaw.co.uk

Beach huts: chattels, leases, estoppel – Nearly Legal

Posted January 9th, 2018 in estoppel, gifts, housing, leases, news by sally

‘Gilpin and ors v Legg [2017] EWHC 3220 (Ch) is a gift (at least to land law examiners) that is going to keep on giving. This is not just because of the claims discussed – whether beach huts were fixtures or chattels, whether a lease had been granted to the owners of the huts, whether the landowner was estopped from obtaining possession, and even certain pleadings issues (the pleadings do seem to have been a little, erm, jejeune) – but also because HHJ Matthews (who I’m ashamed to say I haven’t come across) added his tuppenies to a couple of controversies, not least making some important observations on the correctness of the Supreme Court judgment in Berrisford v Mexfield. Part of the problem in the case was that the events which underpinned the various claims happened over many years, were oral, and, in some cases, involved transfers of title (the issues of which were neatly stepped over by the judge who referred to bona fide purchasers, so we might be dealing with unregistered land, a point not made clear).’

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Nearly Legal, 8th January 2018

Source: nearlylegal.co.uk

Autumn Newsletter – Falcon Chambers

– Prescriptive easements – a glass half-full: out with the negative; in with the positive 10

– Keeping the Title Clean: Unwanted Notices and Restrictions 12

– Estoppel in Pre-Contractual Negotiations 15

– The Curse of the Freebie 17

– Voidable and no Mistake 20

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Falcon Chambers, November 2017

Source: www.falcon-chambers.com

Our House, in the middle of … Ambridge: Rogers v Burns – Tanfield Chambers

Posted August 22nd, 2017 in cohabitation, estoppel, housing, matrimonial home, news by sally

‘Thirty-something lovers Fallon Rogers (barmaid) and Harrison Burns (police constable) didn’t have much money between them. What little they had was Harrison’s – enough for a deposit on a modest house, in fact. Fed up with all the broken boilers and other hassles of renting, Harrison thought it would be an idea for them to look at buying a property. Fallon was unable to obtain financial assistance from any of her cash-strapped family to help her fund any such purchase. But all was not lost….’

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Tanfield Chambers, 20th July 2017

Source: www.tanfieldchambers.co.uk

Appeal judges reject law firm’s claim for fees under insolvency CFA – Litigation Futures

Posted August 9th, 2017 in appeals, costs, estoppel, insolvency, news, solicitors by sally

‘The Court of Appeal has rejected a law firm’s claim to its legal fees in a battle with a liquidator over a conditional fee agreement (CFA).’

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Litigation Futures, 8th August 2017

Source: www.litigationfutures.com

Lessons in understanding: Unfairness and Estoppel by Convention in the Upper Tribunal – Hardwicke Chambers

Posted February 22nd, 2017 in estoppel, leases, news, service charges, tribunals by sally

‘Towards the end of last year, the Upper Tribunal (“UT”) handed down decisions in two cases involving estoppel by convention:

Admiralty Park Management Ltd v Ojo [2016] UKUT 0421 (LC) 8 September 2016 (“Ojo”); and

Bucklitsch and anor v Merchant Exchange Management Company Limited [2016] UKUT 0527 (LC) 13 December 2016 (“Bucklitsch”).’

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Hardwicke Chambers, 18th January 2017

Source: www.hardwicke.co.uk