Property Market in UK Law

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

    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. includes the arrangements which they make from time to time in order to meet the outgoings (for example, mortgage contributions, council tax and utilities, repairs, insurance and housekeeping) which have to be met if they are to live in the property as their home.

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

    In the valuable analysis contained in Radford v. de Froberville [1972] 1 W.L.R. 1262 Oliver J. emphasised (at p. 1270) that it was for the plaintiff to judge what performance he required in exchange for the price. If the appellant's argument leads to the conclusion that in all cases like the present the employer is entitled to no more than nominal damages, the average householder would say that there must be something wrong with the law.

  • Palk v Mortgage Services Funding Plc
    • Court of Appeal (Civil Division)
    • 31 Jul 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. The mortgagor also has an interest in the property and it is under a personal liability for the shortfall.

  • Philips v Ward
    • Court of Appeal
    • 21 Mar 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 Jul 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 Feb 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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Legislation
  • Corporate Insolvency and Governance Act 2020
    • UK Non-devolved
    • January 01, 2020
    ...... (b) (b) section 367 of the Financial Services and Markets Act 2000 on the ground mentioned in subsection (3)(b) of that section. ... steps may be taken to enforce any security over the company’s property except— . (i) steps to enforce a collateral security charge (within the ......
  • Finance Act 2016
    • UK Non-devolved
    • January 01, 2016
    ......S-26 . Relief for finance costs related to residential property businesses 26 Relief for finance costs related to residential property ... shall be treated as receiving money or money’s worth equal to the market value of the right at the time of the assignment.412F. Assigned loans ......
  • Capital Transfer Tax (now known as Inheritance) Act 1984
    • UK Non-devolved
    • January 01, 1984
    ......be taken of the value of excluded property which ceases to form. part of a person's estate as a result of a ...the qualifying sale. . (2) If— .   . ( a . ) the market value of the transferred property at the time. of the chargeable transfer ......
  • Finance Act 1976
    • UK Non-devolved
    • January 01, 1976
    ......it would have fetched if sold in the open market, to. any other person; and. .   . ( b . ) a scheme has been effected ...makes any payment or transfers any property to, or. releases or satisfies (in whole or in part) a liability. of, the ......
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Books & Journal Articles
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Law Firm Commentaries

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