Articles

In this series of articles, we aim to highlight 3 of the most interesting cases in our field decided in the past month. This month: the Upper Tribunal’s jurisdiction to set aside an order purportedly modifying leasehold covenants; the Court of Appeal on whether a joint tenancy or tenancy in common is to be presumed when land is bought for business purposes; and the Upper Tribunal on 2 aspects of the Electronic Communications Code, which casts doubt on the position adopted in some texts about the 1954 Act.

• Stephanie Tozer KC
• Fern Schofield

The Building Safety Act 2022 does not directly impose many duties on landlords of non higher-risk buildings to do fire safety or anti-collapse works. Rather, the sources of such duties are: Landlord covenants in leases; S84 for higher risk buildings, where the landlord is an accountable person; and The Regulatory Reform (Fire Safety) Order 2005 (as amended) for fire-risks. Paul Letman and Cecily Crampin consider the sources of duties in more detail.

• Paul Letman
• Cecily Crampin

In Waller-Edwards v One Savings Bank Plc [2023] EWHC 2386 (Ch) the High Court considered the previously undecided point of whether a lender will be fixed with constructive notice of undue influence, rendering a charge vulnerable to being set aside, in circumstances where only part of a mortgage loan is provided for the sole benefit of one of two borrowers in a non-commercial relationship. This is an article by Tricia Hemans, a version of which was originally published by Lexis Nexis.

• Tricia Hemans

Knowledge of a Form K beneficial charging order restriction is not enough for a conveyancing solicitor to be fixed with a constructive trust or dishonest assistance liability in relation to the proceeds of sale. On 9 February 2024, Master McQuail gave oral judgment in Dattani & Anr v Rasheed & Ors striking out relevant paragraphs the Claimants’ statements of case against a conveyancing solicitor pleaded on the above grounds. Cecily Crampin appeared for the successful applicant.

• Cecily Crampin

In this series of articles, we aim to highlight 3 of the most interesting cases in our field decided in the past month. This month we cover cases about whether time is of the essence for paying a deposit when exercising an option to extend a lease; how to determine what forms part of the ratio of a case in the context of the reasonable belief required to establish adverse possession; and the iniquity exception to legal professional privilege.

• Stephanie Tozer KC
• Fern Schofield