Sparks v Biden [2017] EWHC 1994 (Ch) – Tanfield Chambers

Posted October 20th, 2017 in contracts, news, planning, sale of land, time limits by sally

‘A term would be implied into an option agreement, requiring the purchaser/developer of a plot of land to sell the properties that he had newly constructed, within a reasonable period of time, so held the High Court. The clause was necessary as a matter of business efficacy and without it the option agreement lacked commercial coherence. The Court also deemed the clause to be so obvious that it went without saying. (Marks & Spencer PLC v BNP Paribas Securities Services [2015] UKSC 72; [2016] AC 742 considered).’

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Tanfield Chambers, 12th October 2017

Source: www.tanfieldchambers.co.uk

Restrictive Covenants – can I build a house in the garden? – Tanfield Chambers

Posted October 20th, 2017 in enforcement, news, public interest, restrictive covenants, sale of land by sally

‘The lure of profit can make the construction of a new house in the back garden a tempting prospect. Surely with the constant cry for new homes, such development should be encouraged? Unfortunately, even if planning permission can be obtained for the construction of a “starter-home” in the grounds, it is not uncommon to find a restrictive covenant registered against the title which prohibits the erection of more than one dwelling-house on the plot. “Nimby” neighbours can be all too keen to rely on such covenants to try and stop the proposed works.’

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Tanfield Chambers, 12th October 2017

Source: www.tanfieldchambers.co.uk

Transactions in land tax rules: unexpected implications – OUT-LAW.com

Posted October 18th, 2017 in budgets, news, sale of land, taxation by sally

‘New ‘transactions in land’ UK tax rules took effect from 5 July 2016. The rules were aimed at larger property developers with the means to implement cross-border structures to avoid UK income or corporation tax.’

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OUT-LAW.com, 17th October 2017

Source: www.out-law.com

Couple suing previous owners of house claim Facebook post proves they hid a flooding problem – Daily Telegraph

Posted September 4th, 2017 in damages, documents, home information packs, housing, internet, news, rescission, sale of land by sally

‘A couple whose garden has repeatedly flooded are suing the previous owners, claiming a Facebook photograph proves they were aware of the problem but failed to highlight it.’

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Daily Telegraph, 3rd September 2017

Source: www.telegraph.co.uk

Cherry Picking – Falcon Chambers

Posted July 6th, 2017 in appeals, contracts, land registration, mortgages, news, sale of land by sally

‘The principles which apply to the construction and interpretation of “ordinary” contracts, are most famously set out in Investors Compensation Scheme and more recently explored in some other cases. Although Wood v Capita appears to indicate a continued trend in the authorities towards a stricter textual analysis, it remains the case that the context in which a contract was agreed, the “factual matrix”, is an important part of the Court’s armoury in establishing meaning.’

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Falcon Chambers, June 2017

Source: www.falcon-chambers.com

Opposition group crowd funds judicial review of sale of farms by council – Local Government Lawyer

Posted May 17th, 2017 in judicial review, local government, news, sale of land by sally

‘An opposition group on Herefordshire Council is seeking to crowd fund a judicial review challenge over the local authority’s decision to sell off its farm estate.’

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Local Government Lawyer, 16th May 2017

Source: www.localgovernmentlawyer.co.uk

Blockchain technology will be “game changer” in conveyancing – Legal Futures

‘Blockchain-backed ‘smart contracts’ will be a “game changer” in property transactions, increasing certainty for buyers and sellers as well as speeding up the house-buying process, it has been claimed.’

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Legal Futures, 26th April 2017

Source: www.legalfutures.co.uk

Cambridge-educated law lecturer leaves brother ‘homeless’ following £750,000 legal battle to sell shared flat – Daily Telegraph

Posted March 21st, 2017 in costs, documents, families, housing, news, sale of land, undue influence by tracey

‘A Cambridge-educated law lecturer has left his brother homeless – and facing a £200,000 legal bill – after winning a court battle to sell a £750,000 flat bought by the pair with money left to them by their mother.’

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Daily Telegraph, 20th March 2017

Source: www.telegraph.co.uk

High Court refuses to strike-out claim against Saudi prince over unpaid interim costs order – Litigation Futures

Posted March 2nd, 2017 in agreements, costs, news, sale of land, Saudi Arabia, striking out by sally

‘A High Court judge has refused to strike-out a claim by a woman who failed to comply with a Court of Appeal order to pay £250,000 in interim costs, on the grounds that it would breach her rights to a fair trial.’

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Litigation Futures, 2nd March 2017

Source: www.litigationfutures.com

Open Space – Local Government Law

Posted February 22nd, 2017 in local government, news, parks, sale of land by sally

‘One of the issues in Whitstable Society v Canterbury City Council [2017] EWHC 254 (Admin) was whether the notification and consultation proceedings required by Section 123(2A) in relation to open space land owned by a local authority ought to have been gone through in respect of the sale of land owned by the City Council. Dove J held not, notwithstanding that the land had been acquired for development as open space and had not been formally appropriated to any other use.’

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Local Government Law, 15th February 2017

Source: www.11kbw.com

When One Purchaser Signs the Contract for Sale and the Other Does Not … – Radcliffe Chambers

Posted February 21st, 2017 in appeals, contracts, deposits, news, sale of land by sally

‘And indeed never authorised the co-purchaser to enter into a contract on her behalf without her consent, did not know that he was entering into a contract, or consent to his doing so on her behalf. That was the remarkable situation in the case of Rabiu v. Marlbray Ltd [2016] 1 WLR 5147. At first blush one might have thought, in line with the decision in Suleman v. Shahsavari [1998] 1 WLR 1181, that in the absence of the signature of one of the co-purchasers, there was no binding contract and that that would be the end of the matter. So the trial judge concluded, but the Court of Appeal held that on the facts of the case the purchaser who had signed had rendered himself liable as between himself and the vendor of the property, notwithstanding the absence of the signature of his co-purchaser. In so doing it distinguished Suleman. The decision of the Court of Appeal, which runs to 111 paragraphs, considers a number of issues and repays careful study. This casenote will consider the questions of the validity of the contract between the vendor and the copurchaser and the formalities required by s.2 of the Law of Property (Miscellaneous Provisions) Act 1989. A second casenote (to follow) will consider whether, on the assumption that there was no valid contract as between the vendor and the co-purchaser (either because the contract had not been signed by the other co-purchaser, or because of want of the formalities required by s.2), the vendor was required to return the co-purchaser’s deposit or could retain it.’

Part One (PDF)
Part Two (PDF)

Radcliffe Chambers, February 2017

Source: www.radcliffechambers.com

Judge finds council sold seafront land at undervalue but refuses to quash decision – Local Government Lawyer

Posted February 16th, 2017 in consultations, local government, news, sale of land, ultra vires, valuation by sally

‘Canterbury City Council sold land on the seafront in Whitstable to a property developer for less than best consideration but the case was not appropriate for a quashing order, a High Court judge has ruled.’

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Local Government Lawyer, 15th February 2017

Source: www.localgovernmentlawyer.co.uk

Subrogation to the Unpaid Vendor’s Lien- what is the procedure for obtaining an order for sale? – Hardwicke Chambers

Posted February 7th, 2017 in civil procedure rules, mortgages, news, sale of land, substitution by sally

‘A recent decision by Master Matthews in Menalou v Bank of Cyprus UK Limited [2016] EWHC 2656 (Ch), in a characteristically detailed and interesting judgment, reaffirms the author’s long-held view that the appropriate procedure for the a claimant, claiming to be subrogated to the unpaid vendor’s lien, to use is to apply for an order for sale and vesting/appointment orders under s90 Law of Property Act 1925. Section 90 reads as follows:

“90.— Realisation of equitable charges by the court.

(1) Where an order for sale is made by the court in reference to an equitable mortgage on land (not secured by a legal term of years absolute or by a charge by way of legal mortgage) the court may, in favour of a purchaser, make a vesting order conveying the land or may appoint a person to convey the land or create and vest in the mortgagee a legal term of years absolute to enable him to carry out the sale, as the case may require, in like manner as if the mortgage had been created by deed by way of legal mortgage pursuant to this Act, but without prejudice to any incumbrance having priority to the equitable mortgage unless the incumbrancer consents to the sale…”’

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Hardwicke Chambers, 5th January 2017

Source: www.hardwicke.co.uk

Human rights abusers who buy London homes could have assets seized – The Guardian

Posted December 5th, 2016 in bills, human rights, money laundering, news, sale of land by sally

‘Dictators and human rights abusers who buy luxury property in London and use the UK to conceal their wealth could have their assets seized under an MPs’ initiative.’

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The Guardian, 4th December 2016

Source: www.guardian.co.uk

Local government and land disposals – Law Society’s Gazette

Posted November 17th, 2016 in local government, news, sale of land by sally

‘The Jackson Five once informed us that love was as ‘easy as 123’, but are local authority land disposals so straightforward? The basic idea seems simple enough. Local authority land holdings should not be sold at an undervalue without ministerial consent.’

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Law Society’s Gazette, 14th November 2016

Source: www.lawgazette.co.uk

Buyer beware – Hardwicke Chambers

Posted July 26th, 2016 in damages, deposits, misrepresentation, news, penalties, rescission, sale of land by sally

‘William Griffiths QC is a successful silk but was the unsuccessful defendant in the widely reported case of Hardy v Griffiths [2014]. Mr and Mrs Griffiths had exchanged contracts with the claimant, Mr Hardy, to buy Laughton Manor for £3.6m and paid £150,000 on account of the 10% deposit, the contract incorporating the Standard Conditions of Sale (SCS).’

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Hardwicke Chambers, 25th July 2016

Source: www.hardwicke.co.uk

Joint and several obligations – Hardwicke Chambers

Posted July 12th, 2016 in appeals, contracts, damages, joint liability, news, sale of land by sally

‘Andy Creer considers the recent decision of Laditi and another v Marlbray Ltd [2016] EWCA Civ 476 in which Brie Stevens-Hoare QC and Lina Mattsson acted for the Claimants/Respondents.’

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Hardwicke Chambers, 13th June 2016

Source: www.hardwicke.co.uk

Deposit Dilemmas – Tanfield Chambers

Posted July 12th, 2016 in contracts, deposits, news, repayment, rescission, sale of land by sally

‘Contracts for the sale of land can fail to complete for many reasons. The Standard Conditions and Standard Commercial Conditions require a 10% deposit to be paid on exchange of contracts. This can amount to a substantial sum of money. Purchasers will know that where they fail to complete it is commonplace for the vendor to retain that deposit. In the current market, with property prices soaring ever higher, the out-of-pocket purchaser may be justified in feeling that the vendor has obtained a windfall in keeping the deposit and selling the property on to a third party at a higher price.’

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Tanfield Chambers, 6th July 2016

Source: www.tanfieldchambers.co.uk

Court of Appeal: SDLT not payable by company using Shari’a finance scheme – OUT-LAW.com

‘Project Blue Limited (PBL) was not liable for stamp duty land tax (SDLT) in respect of its acquisition of the former Chelsea Barracks by means of a Shari’a finance scheme, the Court of Appeal has ruled.’

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OUT-LAW.com, 31st May 2016

Source: www.out-law.com

FCA wins landbanking case, but investors still likely to lose out – The Guardian

Posted April 21st, 2016 in appeals, financial regulation, news, planning, sale of land, Supreme Court by tracey

‘Asset Land’s appeal rejected by the supreme court but the City regulator says investors “are likely only to get a fraction of their money back”.’

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The Guardian, 20th April 2016

Source: www.guardian.co.uk