News & Publications

Matrimonial assets and ownership issues with third parties

February 13th, 2015

At the point of divorce or separation a division of assets takes place, often involving an intricate task of assessing entitlement based on past contributions and an understanding of each party’s future needs. This task is made that much more complicated when some or all of the assets are held not just by the husband […]

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Common sense prevails – Francis v Phillips

February 12th, 2015

Francis v Phillips [2014] EWCA Civ 1395 You may recall that in December 2012, in the High Court, a judgment was handed down by the Chancellor in Phillips v Francis [2012] EWHC 3650 (Ch), determining that all of the qualifying works carried out in a given year were to be aggregated, and that the cost […]

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Stamp duty change – who benefits?

January 14th, 2015

On 3 December 2014, the Chancellor of the Exchequer, George Osborne, announced changes to stamp duty land tax (SDLT). Unlike the previous system, SDLT will only apply to the part of the property price that falls with a specific band. The Chancellor has estimated that the reforms will result in a cut to SDLT for […]

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Bankruptcy affecting joint ownership

August 28th, 2014

How does bankruptcy affect joint ownership of property, divorce, separation and cohabitees? Although a bankruptcy order is personal to the bankrupt, if you are legally connected to the bankrupt either through marriage or joint legal ownership then the tidal effects of the bankruptcy will affect you. How it affects you will depend on a number […]

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What is the scope of the Tribunal’s powers under s20C

August 17th, 2014

What is the scope of the Tribunal’s powers when making an order under section 20C of the Landlord and Tenant Act 1985? In SCMLLA (Freehold) Limited [2014] UKUT 0058 (LC), the Upper Tribunal was required to consider the above question, following an appeal from the then LVT. Section 20C of the Landlord and Tenant Act […]

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Pension sharing on Divorce

May 29th, 2014

Property prices are a national obsession. Pensions are not regarded by the public in the same way, but it can often be the case that one spouse has a pension that has a significant value. The value of a pension fund can equal, and sometimes exceed, the net value of the matrimonial home. Of course […]

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Commercial rent arrears recovery

May 14th, 2014

Historically, a landlord had the common law right of distrain available when a tenant fell into arrears of rent. This was essentially the landlord’s ability to enter leased premises, without notice, to seize the tenant’s possessions and sell them to set off against rent arrears. However, the Tribunals, Courts and Enforcement Act 2007 abolished that […]

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