Snelling and another v Burstow Parish Council – WLR Daily

Posted November 14th, 2013 in appeals, law reports, local government, sale of land by tracey

Snelling and another v Burstow Parish Council [2013] EWCA Civ 1411: [2013] WLR (D)  433

“A parish council was entitled to use its power under either section 32 of the Small Holdings and Allotments Act 1908 or section 27 of the Commons Act 1876 to sell land containing garden allotments which had come under its management by virtue of section 33 of the 1908 Act. Where the land had been acquired but not purchased for use as allotments, section 8 of the Allotments Act 1925 did not apply and the consent of the Secretary of State was not required for the sale.”

WLR Daily, 12th November 2013

Source: www.iclr.co.uk

Power of sale – can the mortgagee be forced to wait? – New Square Chambers

Posted November 5th, 2013 in Crown, jurisdiction, mortgages, news, sale of land, Turks and Caicos Islands by sally

“In Temple Mortgage Fund Ltd v Att-Gen for the Turks and Caicos Islands (unreported, Supreme Court of the Turks and Caicos Islands, 26 July 2013), until just before the trial the only issue appeared to be the timing of the mortgagee’s exercise of its power of sale. However, at a very late stage the Defendant raised a further issue, namely whether certain provisions in the Plaintiff’s charge were binding on the Crown at all. Both issues were determined in favour of the Plaintiff.”

Full story (PDF)

New Square Chambers, 31st October 2013

Source: www.newsquarechambers.co.uk

A negative note – New Square Chambers

Posted November 5th, 2013 in appeals, debts, mortgages, news, repossession, sale of land by sally

“As everyone knows, a mortgagee may go into possession before the paper has cooled down after coming out of the printer, or something like that. But under modern conditions, and particularly with residential mortgages, the strictness of this rule is reduced or removed by agreement or the impact of statute. Even so the principle that the mortgagee is entitled to possession and the limits on the court’s power to deny him that entitlement means that a mortgagor in distress may have very little control over his fate.”

Full story (PDF)

New Square Chambers, 31st October 2013

Source: www.newsquarechambers.co.uk

Proceedings brought by Schneider – WLR Daily

Posted October 7th, 2013 in conflict of laws, EC law, guardianship, jurisdiction, law reports, sale of land by sally

Proceedings brought by Schneider (Case C-386/12); [2013] WLR (D) 366

“Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, and, in particular article 22(1) thereof in relation to jurisdiction in proceedings concerning rights in rem in immoveable property, did not apply to non-contentious proceedings by which a national of a member state who had been declared to be lacking full capacity and placed under guardianship in that member state had applied to a court in another member state for authorisation to sell his share of a property situated in that other member state.”

WLR Daily, 3rd October 2013

Source: www.iclr.co.uk

Allotment holders win victory over Eric Pickles’ building plan – The Independent

Posted August 5th, 2013 in judicial review, local government, news, sale of land by sally

“A group of allotment-holders is celebrating victory over Eric Pickles in a long-running battle over the development of a site that has been used for more than a century.”

Full story

The Independent, 2nd August 2013

Source: www.independent.co.uk

DV3 RS Ltd Partnership v Revenue and Customs Comrs – WLR Daily

Posted July 31st, 2013 in law reports, leases, partnerships, sale of land, stamp duty, tax avoidance by sally

DV3 RS Ltd Partnership v Revenue and Customs Comrs [2013] EWCA Civ 907; [2013] WLR (D) 311

“Where a vendor contracted to sell a chargeable interest to a company and the company made a sub-sale to a partnership (of which the company was a member), both contracts being completed at the same time with sequential transfers, the partnership, as taxpayer, acquired a chargeable interest liable to stamp duty land tax.”

WLR Daily, 25th July 2013

Source: www.iclr.co.uk

Court of Appeal overturns tax tribunals’ findings in favour of SDLT avoidance scheme – OUT-LAW.com

Posted July 31st, 2013 in appeals, leases, news, partnerships, sale of land, stamp duty, tax avoidance, tribunals by sally

“The Court of Appeal has ruled against a stamp duty land tax (SDLT) avoidance scheme involving the interaction of the sub-sale and partnership rules, overturning earlier decisions by the First Tier and Upper Tax Tribunals.”

Full story

OUT-LAW.com, 30th July 2013

Source: www.out-law.com

Allotment-holders take legal action against Eric Pickles – The Independent

Posted July 22nd, 2013 in judicial review, local government, news, sale of land by sally

“Allotment-holders are taking legal action against Eric Pickles, the Communities and Local Government Secretary, over his decision to approve the development of a site in Watford used by local families for more than 100 years.”

Full story

The Independent, 21st July 2013

Source: www.independent.co.uk

Urban I (Blonk Street) Ltd v Ayres and another – WLR Daily

Posted July 12th, 2013 in appeals, construction industry, contracts, delay, law reports, sale of land by tracey

Urban I (Blonk Street) Ltd v Ayres and another: [2013] EWCA Civ 816;   [2013] WLR (D)  271

“Where, in the case of a time provision which was an innominate term, a completion notice had not been served on the contract-breaker, the other party only became entitled to terminate the contract thereafter if and when the delay was such as to go to the root of the contract, that was to say it deprived the other party of substantially the whole benefit which it was intended it should have under the contract.”

WLR Daily, 5th July 2013

Source: www.iclr.co.uk

The Pollen Estate Trustee Co Ltd v Revenue and Customs Comrs; King’s College London v Same – WLR Daily

The Pollen Estate Trustee Co Ltd v Revenue and Customs Comrs: King’s College London v Same: [2013] EWCA Civ 753;   [2013] WLR (D)  255

“Where a charity contributed to the purchase of a property, to be held on trust for it and other, non-charitable, contributors in proportion to their contributions, the ‘chargeable interest acquired’ by reference to which stamp duty land tax was to be levied under Part 4 of the Finance Act 2003 was the equitable estate collectively acquired by the beneficiaries under the trust. However, paragraph 1(1) of Schedule 8 to the 2003 Act was to be interpreted as exempting the land transaction from charge to the extent of the charity’s interest.”

WLR Daily. 26th June 2013

Source: www.iclr.co.uk

Cosmichome Ltd v Southampton City Council – WLR Daily

Cosmichome Ltd v Southampton City Council [2013] EWHC 1378 (Ch); [2013] WLR (D) 207

“Section 9(2) of the Perpetuities and Accumulations Act 1964 had no application to a right of pre-emption, so long as it had not matured into an option.”

WLR Daily, 23rd May 2013

Source: www.iclr.co.uk

Hooper and another v Oates – WLR Daily

Posted February 22nd, 2013 in appeals, contracts, damages, law reports, sale of land by sally

Hooper and another v Oates [2013] EWCA Civ 91; [2013] WLR (D) 72

“The date for assessment of damages for breach of a contract for the sale of land where the purchaser had failed or refused to complete the purchase was not the date of the breach but the date when the vendors brought to an end their reasonable attempts to resell the property and took the property back for their own use.”

WLR Daily, 20th February 2013

Source: www.iclr.co.uk

Snelling and another v Burstow Parish Council – WLR Daily

Posted January 28th, 2013 in law reports, local government, sale of land by sally

Snelling and another v Burstow Parish Council [2013] EWHC 46 (Ch); [2013] WLR (D) 27

Garden allotments which came under the management of the parish council by virtue of section 33(4) of the Small Holdings and Allotments Act 1908 were intended to be governed exclusively by the powers set out in section 26 and onwards of that Act. Accordingly, the parish council’s power to sell the allotments was the power conferred by section 32 of the 1908 Act, subject to obtaining the consent of the Secretary of State for Communities and Local Government pursuant to section 8 of the Allotments Act 1925, and not the power under section 27 of the Commons Act 1876.

WLR Daily, 24th January 2013

Source: www.iclr.co.uk

Two sentenced in first ever ‘land banking’ fraud trial – Crown Prosecution Service

Posted December 6th, 2012 in fraud, news, sale of land, sentencing by sally

“Two sentenced in first ever ‘land banking’ fraud trial Two men have today been sentenced at Isleworth Crown Court in what is thought to be the first ever trial for ‘land banking’ fraud. Omar Eshpari and Stefan Mitchell secured at least £3m from their victims between April 2008 and October 2009.”

Full story

Crown Prosecution Service, 6th December 2012

Source: http://blog.cps.gov.uk

Baronet’s son awarded £5.60 in £2.5m family castle sale row – Daily Telegraph

Posted November 22nd, 2012 in families, news, peerages & dignities, sale of land, trusts, wills by tracey

“The son of a baronet embroiled in a bitter legal dispute with his father over the sale of the family’s £2 million estate was yesterday awarded just £5.60 a year by the High Court.”

Full story

Daily Telegraph, 21st November 2012

Source: www.telegraph.co.uk

 

When is a Land Contract not a Land Contract? s2 LPMPA 1989 in Practice – Hardwicke Chambers

Posted October 9th, 2012 in contracts, news, sale of land by sally

“It is a more or less universal rule that all reforms which are intended to simplify the law have unintended consequences. Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 came into force on 27th September 1989 – 23 years later, lawyers are still arguing about what contracts it does and does not affect, most recently in Keay v Morris Homes (West Midlands) Ltd [2012] EWCA Civ 900.”

Full story

Hardwicke Chambers, 2nd October 2012

Source: www.hardwicke.co.uk

Keay and another v Morris Homes (West Midlands) Ltd – WLR Daily

Posted July 16th, 2012 in appeals, contracts, law reports, sale of land by sally

Keay and another v Morris Homes (West Midlands) Ltd [2012] EWCA Civ 900; [2012] WLR (D) 201

“The proposition that a void contract could, by acts in the nature of part performance, mature into a valid one was contrary to principle and wrong.”

WLR Daily, 11th July 2012

Source: www.iclr.co.uk

Broken promises? Sale and rent back is no answer to a mortgage – Hardwicke Chambers

“Owner occupiers unable to afford their mortgages have sometimes entered into sale and rent back arrangements (‘SRBs’). Under a SRB, the house is sold, often at a discount, but the vendor remains in occupation under a lease granted by the purchaser. According to a 2008 OFT study, even though SRBs were a relatively new phenomenon there had been about 50,000 of them. At that time the SRB market was unregulated. The FSA began to regulate it in 2009. According to a recent FSA press release, ‘the entire SRB market is temporarily shut’. Nevertheless, it is apparent that many tens of thousands of SRBs must have taken place by now.”

Full story

Hardwicke Chambers, 24th May 2012

Source: www.hardwicke.co.uk

Cherry Tree Investments Ltd v Landmain Ltd – WLR Daily

Posted June 7th, 2012 in appeals, land registration, law reports, sale of land by sally

Cherry Tree Investments Ltd v Landmain Ltd [2012] EWCA Civ 736; [2012] WLR (D) 170

“Where it was alleged that a registered charge included an extended power of sale which was included in a facility agreement but was not referred to in the charge, the correct approach was to bring a properly pleaded and proved claim for rectification of the charge, not to seek to apply a ‘corrective construction’ of the charge by reference to extrinsic material.”

WLR Daily, 31st May 2012

Source: www.iclr.co.uk

Cameron v Boggiano and another – WLR Daily

Posted February 23rd, 2012 in appeals, conveyancing, law reports, sale of land by sally

Cameron v Boggiano and another [2012] EWCA Civ 157; [2012] WLR (D) 39

“A court was entitled to seek assistance on the construction of a plan and title documents by taking account of the topographical features at the relevant date, provided the documents were ambiguous.”

WLR Daily, 21st February 2012

Source: www.iclr.co.uk