Practice point
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Trustees’ decision not to join eviction proceedings was an exercise of discretion and not perverse
A trustee in bankruptcy can use its discretion under section 305(2) of the Insolvency Act 1986
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Service charges: correct test applied for costs under rule 13
The Upper Tribunal (Lands Chamber) has reaffirmed that the First-tier Tribunal is a costs-shifting…
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Costs: rule 13 should not be used as an oppressive tool
Application for costs under rule 13(1)(b) of the Tribunal Procedure (First-tier Tribunal)…
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Civil penalty: narrow consideration of evidence is wrong
An appellate tribunal can set aside a First-tier Tribunal’s conclusion that the evidence failed to…
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Option agreement precludes unilateral power to extend option period
An option agreement is to be construed by reference to the factual matrix at the date it is entered…
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Additional claim for defective design of concrete slab survives strike-out claim
The limitation period for any action for damages for negligence is either six years from the date…
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Possession order properly made against a disabled tenant
An appeal found there had been no breach of the public sector equality duty or discrimination
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Claim for trespass by concrete overspill must be pleaded to be pursued
A claimant can only pursue its pleaded case at trial
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Trust insufficient to create mutual wills or proprietary estoppel
An agreement between parties to leave mutual wills can give rise to an implied or constructive trust…
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Equitable lien protected by notice before charge registered is enforceable
Where a purchaser makes part-payment under a contract to acquire an estate in land, an equitable…
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Receivers not liable where vesting of a lease was for the purpose of the receivership
Where receivers take steps in the course of receivership, for the benefit of a chargeholder…