Supreme Court
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The Supreme Court permits substance to triumph over form in an unjust enrichment claim
Subrogation is an equitable against a party who would otherwise be unjustly enriched. It enables a lender who lends money to a borrower so that it can discharge an existing…
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Bank of Cyprus UK Ltd v Menelaou
Mortgage Subrogation
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Bank of Cyprus UK Ltd v Menelaou
Mortgage – Subrogation – Unjust enrichment – Respondent holding charges over property to secure indebtedness of appellant’s parents – Property sold and part of proceeds used to purchase new property…
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The Supreme Court has shaken up the law on penalties
The rule against penalties is an exception to the principle that parties are free to contract as they please. Is it still required and, if so, does it need to…
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Cavendish Square Holding BV v El Makdessi; Parkingeye Ltd v Beavis
Contract Penalty
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Cavendish Square Holding BV v El Makdessi; Parkingeye Ltd v Beavis
Contract – Penalty – Enforcement – Contract for sale of company – Parking charges — Whether certain contractual provisions in two contracts under consideration unenforceable as penalty clauses – Correct…
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Aspect Contracts (Asbestos) Ltd v Higgins Construction plc
Construction – Adjudication – Payment – Limitation of action – Subcontractor making payment to contractor pursuant to adjudication award – Subcontractor later seeking final and binding resolution of dispute by…
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Supreme Court ruling on car park charges next week
The Supreme Court will give its decision next week in a legal challenge to an £85 overstay fee at a Chelmsford car park
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Arnold v Britton and others
Landlord and tenant – Service charge – Construction of lease –Long leases of chalets in leisure park – Provision for annual increase in service charge – Whether properly construed as…
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Trump wind farm appeal underway at Supreme Court
US presidential hopeful Donald Trump will have one eye on this side of the Atlantic today, as his company goes to the Supreme Court in a bid to block a…
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Supreme Court hearing M&S break clause battle
One of the most eagerly awaited property cases of the year today reached the Supreme Court, where Marks & Spencer renews its dispute with the landlord of its former head…