The freeze on possession hearings is finally starting to thaw – but how will the courts cope with the huge backlog of cases? Will mediation, online hearings, or a dedicated housing tribunal make a difference? In the first of a series of articles from 42BR Housing, looking at the potential solutions, Catherine Urquhart analyses the mediation pilot scheme. Read more >
Mathew McDermott discusses a recent case on the service of notices in prosecutions for statutory nuisance under the 1990 Act. Read more >
Desmond Kilcoyne has been acting on behalf of the Defendant, Audra Wamsteker, in a six-day trial brought against her by her father, Paul David. Judgment has been reserved. The dispute concerns the ownership of two domestic properties, the proceeds of sale of four American properties and her late mother’s jewellery collection. The legal issues include (potentially) the application of the principles of common intention constructive trust (CICT) after Stack v Dowden (2007) and Jones v Kernott (2011) where: (i) improvement work to a property is paid for, and/or done, by a person without an express agreement or understanding that that person will acquire an interest in the land (i.e. the second class of CICT identified in Lloyds Bank v Rosset (1990); and, (ii) investment property is purchased by a member of a family and another close family member alleges sole or joint ownership.
The case has been covered in the national press during the course of the trial, including The Times and The Telegraph.
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