Recent Judgements in Property and Land Law: Learn from Case Studies
As a leading solicitor specializing in property law and land law, I am constantly keeping up with the latest developments and judgements in these areas. It is crucial for both legal professionals and anyone with an interest in property and land law to stay updated with the latest case law.
In this blog post, I will discuss some of the most recent and significant judgements in property and land law, providing valuable insights and lessons that can be learned from these cases. Whether you are studying for the SQE exams or simply looking to expand your knowledge in these areas, this article will provide you with invaluable information.
1. Scott v Southern Pacific Mortgages Ltd [2019] UKSC 29:
In this landmark case, the Supreme Court clarified the law on equitable mortgages and the requirement of a written document for the creation of a legal mortgage. The judgement emphasized the importance of adhering to the formalities when dealing with property transactions, highlighting the need for certainty and clarity in property law.
2. Patel v Mirza [2016] UKSC 42:
This case explored the doctrine of illegality and its application in property law. The Supreme Court established a new test for assessing whether a claim arising from an illegal contract should be allowed. The judgement provides guidance on how courts should balance the public interest in upholding the law with the need for justice in individual cases.
3. Howard de Walden Estates Ltd v Lexgorge Ltd [2020] UKSC 53:
This recent judgement dealt with the interpretation of lease covenants and the principles of reasonableness and proportionality. It clarified the tests to be applied when determining whether a landlord’s refusal of consent to assign a lease is reasonable. The judgement emphasized the importance of striking a fair balance between the interests of landlords and tenants.
4. Severfield (UK) Ltd v Duro Felguera UK Ltd [2015] EWCA Civ 718:
This case focused on the interpretation of exclusions and limitations of liability clauses in construction contracts. The Court of Appeal confirmed the approach to be taken when interpreting such clauses, highlighting the need for clear and unambiguous language. The judgement provides valuable insights into the drafting and interpretation of contractual provisions in property-related agreements.
5. Canary Wharf (BP4) T1 Limited v European Medicines Agency [2019] EWHC 335 (Ch):
This high-profile case dealt with the issue of frustration of lease contracts following the UK’s decision to leave the European Union. The High Court held that Brexit did not frustrate the lease, highlighting the limited circumstances in which a lease can be deemed frustrated. The judgement provides important guidance on the impact of external events on contractual obligations in property transactions.
These case studies highlight the complexity and diversity of property and land law, emphasizing the need for a thorough understanding of the legal principles and their application in different contexts. Whether you are a law student preparing for the SQE exams or a legal practitioner seeking to expand your knowledge, staying abreast of recent judgements is essential.
To further enhance your preparation, I recommend checking out our SQE 1 Practice Exam Questions and SQE 1 Practice Mocks FLK1 FLK2 articles. These resources will allow you to test your understanding and familiarize yourself with the format of the SQE exams.
For those of you looking to delve deeper into property and land law, our SQE 2 Preparation Courses and SQE 1 Preparation Courses offer comprehensive and tailored training to ensure you are well-prepared for the exams.
Lastly, for the latest updates on SRA SQE Exam Dates, visit the link provided. It is crucial to stay informed about the exam schedules and deadlines to plan your study and revision effectively.
In conclusion, recent judgements in property and land law play a crucial role in shaping and refining the legal landscape in these areas. By studying and analyzing these cases, you can gain valuable insights and enhance your understanding of the principles and complexities of property law. Stay informed, keep learning, and make sure you are equipped with the knowledge to navigate the intricacies of property and land law successfully.