Property Market in UK Law

Leading Cases
  • Oxley v Hiscock
    • Court of Appeal (Civil Division)
    • 06 Mayo 2004

    But, in a case where there is no evidence of any discussion between them as to the amount of the share which each was to have – and even in a case where the evidence is that there was no discussion on that point – the question still requires an answer. It must now be accepted that (at least in this Court and below) the answer is that each is entitled to that share which the court considers fair having regard to the whole course of dealing between them in relation to the property.

  • Ruxley Electronics and Construction Ltd v Forsyth
    • House of Lords
    • 29 Junio 1995

    To say that in order to escape unscathed the builder has only to show that to the mind of the average onlooker, or the average potential buyer, the results which he has produced seem just as good as those which he had promised would make a part of the promise illusory, and unbalance the bargain.

  • Palk v Mortgage Services Funding Plc
    • Court of Appeal (Civil Division)
    • 31 Julio 1992

    In the exercise of his rights over his security the mortgagee must act fairly towards the mortgagor. His interest in the property has priority over the interest of the mortgagor, and he is entitled to proceed on that footing. He can protect his own interest, but he is not entitled to conduct himself in a way which unfairly prejudices the mortgagor.

  • Philips v Ward
    • Court of Appeal
    • 21 Marzo 1956

    We were referred to the cases where a house is damaged or destroyed by the fault of a tortfeasor. If the injured person reasonably goes to the expense of repairing the house, the tortfeasor may well be bound to pay the cost of repair, less an allowance because new work takes the place of old: see Lukin v. Godsell, Peake's Additional Cases, 15; Hide v. Thornborough (1846) 2 Carrington & Kirwan, 250.

    It may well be that if, on learning of the real condition of the house, he had decided to leave and re-sell, be would have been entitled to recover from the Defendant, in addition to the £4,000, his costs and expenses of moving in and moving out and of the re-sale. As, however, he elected to stay, after all the facts had become known to him, this point does not arise.

  • Perry v Sidney Phillips & Son
    • Court of Appeal (Civil Division)
    • 14 Julio 1982

    I therefore am of the same view as my Lord the Master of the Rolls that the right measure of damage is the measure suggested in both Philips v. Ward and Ford v. White, which is simply the difference between what the plaintiff paid for the property and its value at the date when he obtained it.

  • Cuckmere Brick Company Ltd v Mutual Finance Ltd
    • Court of Appeal (Civil Division)
    • 25 Febrero 1971

    I accordingly conclude, both on principle and authority, that a mortgagee in exercising his power of 3ale does owe a duty to take reasonable precaution to obtain the true market value of the mortgaged property at the date on which he decides to sell it. No doubt in deciding whether he has fallen short of that duty, the facts must be looked at broadly and he will not be adjudged to be indefault unless he is plainly on the wrong side of the line.

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  • The Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ... ... (2) In section 155 (market contracts) 24 — ... (a) (a) for subsection (1) substitute— ... “ Qualifying collateral arrangements and qualifying property transfers ... 155A. —(1) In this Part— ... (a) (a) “qualifying ... ...
  • Capital Transfer Tax (now known as Inheritance Tax) Act 1984
    • UK Non-devolved
    • 1 de Enero de 1984
    ... ... (1) above no account shall be taken of the value of excluded property which ceases to form part of a person’s estate as a result of a ... apply to any property if the business concerned is wholly that of a market maker or is that of a discount house and (in either case) is carried on in ... ...
  • Postal Services Act 2011
    • UK Non-devolved
    • 1 de Enero de 2011
    ... ... body has in place arrangements for the prevention of disposals of property or rights by the Post Office company that would be inconsistent with the ... , OFCOM must carry out an assessment of the extent to which the market for the provision of postal services in the United Kingdom is meeting the ... ...
  • Housing Act 2004
    • UK Non-devolved
    • 1 de Enero de 2004
    ... ... (1) , for “the county court” substitute “ a residential property tribunal ”;(b) in subsection (3) , for “court” substitute “ ... approval is outstanding;(e) dwellings which are genuinely on the market for sale or letting;(f) dwellings where the relevant proprietor has died ... ...
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Books & Journal Articles
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Law Firm Commentaries
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  • Apply to make decisions on someone's behalf (property and finance)
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Protection forms including the COP1 application to make decisions on someone's behalf.
    ... ... If No, go to Section 4.13 ... If Yes, please enter details below ... Property 1 - address ... Market value ... Balance of any outstanding ... mortgage or other legal charge ... (e.g. equity release) ... If the property is not owned solely by the ... ...
  • Financial statement for a financial remedy (other than a financial order or financial relief after an overseas divorce or dissolution etc) in the county or High Court
    • HM Courts & Tribunals Service court and tribunal forms
    Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
    ... ... relation to money, property, children or anything else ... 2. Employment ... employed (complete 2.2) ... document, please give your own realistic estimate of the current market value ... b) A recent mortgage statement confirming the sum outstanding on ... ...
  • Claim possession of a property located wholly in England (accelerated procedure)
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... breach of duty or contract on the part of the Defendant? ... 15i. Is the property genuinely on the market for sale with intent to sell ... to an independent person not associated with the Claimant? ... 15j. Is the Claimant a private registered provider of ... ...
  • Annex E - Financial circumstances
    • HM Courts & Tribunals Service court and tribunal forms
    Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).
    ... ... 7. Caravans/boats – Market value: ... Ownership: □ self   □ joint ( s pecif ... Payment rate ... Encum b ered property ... 1 ... 2 ... 3 ... 4 ... ... ...
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