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Cohabitation and Trusts of Land: 3rd edition

The 3rd Edition of Cohabitation and Trusts of Land (published by Sweet and Maxwell) is due out late 2015. Laura Heaton of 29 Bedford Row is also an author and His Honour Judge Wildblood QC is the General Editor. The new edition will provide an up to date, comprehensive analysis of the law which relates to cohabitees. There

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Issuing under Part 8 – the potential risks!

In a recent case of mine where I acted on behalf of the Defendant, the Claimant had issued the claim under CPR Part 8, ie. a claim form with a witness statement and evidence in support. As there was a “substantial dispute of fact” the Defendant argued that the claim ought to have been issued

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Begum v. Issa – Deferred Orders for Sale under ToLATA

In the recent case of Begum v. Issa and ors [2014] EW Misc B51 (CC), handed down on 5th November 2014 (in which I appeared on behalf of the first defendant), one of the issues that the court had to determine was whether the claimant mother and her two children, one of whom is partially sighted and

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Landmark decision for unmarried couples: Southwell v. Blackburn

The Court of Appeal in Southwell v. Blackburn [2014] EWCA Civ 1347, handed down on Thursday 16th October 2014, upheld the order of a lump sum payment from a businessman to his ex-partner. The female partner had brought a claim based on both constructive trust and proprietary estoppel in respect of a property in Droitwich. The

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Re S (A minor): Schedule 1 and “conduct”

The recent case of Re S (A Minor) [2014] EWHC 2225 (Fam) (4th July 2014) is unusual in its facts but contains useful dicta regarding conduct in Schedule 1 applications and is also a good example of the approach taken by the Court in quantifying awards under Schedule 1. Susan Jacklin QC and Caroline Wilbourne of 1 Garden

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Denton & others v. TH White Ltd & others: Mitchell clarified?

Important guidance was given by the Court of Appeal on 4th July 2014 in Denton & other v. TH White Ltd & others [2014] EWCA Civ 906 as to the approach to be taken by the courts when determining applications for relief from sanctions. The decision in Mitchell in November 2013 has been criticised in

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Curran v Collins hearing vacated

The hearing of the appeal in Curran v. Collins, a case involving a property owned in the sole name of the male partner (see previous posts) which was due to take place on 6th June 2014 has been vacated due to judicial availability and is to be re-listed in November 2014. Whilst there could be

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CPR Part 7 or 8 – which Part applies to claims under TLATA?

There is often confusion about under which Part proceedings under the Trusts of Land and Appointment of Trustees Act 1996 should be brought and what documents are required to be filed and served at the time of issue. The following hopefully helps clarify the issue.  CPR Part 8 applies where the claimant seeks the court’s ruling on an issue

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