Master the tactical complexities of protecting creditor interests when property is pledged as security. Stay informed on the essential procedural steps and judicial precedents that can influence the enforcement process, ensuring you navigate the challenges adeptly. This topic also covers property insolvency, offering practical insights on handling the various stages of insolvency proceedings, prioritising creditor claims, and managing distressed assets with expert precision.
The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—5 June 2025
Supreme Court holds banks must follow the Etridge protocol where non-commercial hybrid transactions include a more than de minimis surety element (Waller-Edwards v One Savings Bank Plc)
Private nuisance—general principlesWhat situations can give rise to a claim?Private nuisance is a ‘violation of real property rights’. It involves...
Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...
Specific performance of property agreementsIf a party to a property agreement fails to comply with its obligations, the other party may wish to apply...
Forfeiture of a leaseWhen can a landlord exercise the right to forfeit a lease?Forfeiture is a landlord’s right to bring a lease to an end as a result...
Steps to take when landlord becomes insolvent—checklistThis Checklist sets out the points that a tenant should consider if its landlord becomes insolvent. A tenant must continue to fulfil its obligations under the lease, but should also contact the insolvency practitioner immediately as a tenant
A leaseholder company was dissolved, and the property and rights vested in it passed to the Crown (bona vacantia). In reference to this: (1) Can the landlord claim possession of the leased property and if so, how?; and (2) can the landlord claim money owed to it under the lease, and if so how and
If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
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