Daventry D C v Daventry & District Housing Ltd –13.10.11 – CA –  EWCA 1153
Sale of Land – Transfer of housing stock and housing department staff to RSL – Rectification – Common Mistake – Unilateral Mistake.
Held: Rectification for common mistake allowed where there was no shared mistake about the meaning of the term in issue and because there was a shared belief that the document reflected an earlier draft in that respect. (Counsel for the Defendant/Respondent – Nigel Jones QC & Alison Meacher).
Quigley v Masterson – 7.10.11 – Ch D –  EWHC 2529
Beneficial joint tenancy – Severance – Co-habitees separate – Court of Protection appointed deputy for one - Conduct of proposed sale by one – Death before sale.
Held: Application in Court of Protection by one party making desire to sell and split proceeds operated as sufficient notice of severance. (Counsel for the Respondent – Andrew Skelly)
Alford v Hannaford – 7.10.11 - CA –  EWCA Civ 1099
Express right of way – Construction – Implied right of way – Whether grazing licence sufficient for s62
Held: Background facts can aid construction where clear something wrong with the words otherwise words to be given their ordinary mean – No right to drive animals along track where not expressly stated. Evidence about the location at the time of grant could assist in construing the area to which the right related. A grazing licence was not sufficient to give rise to an implied grant under s62.
This article is provided free of charge for information purposes only; it does not constitute legal advice and should not be relied on as such. No responsibility for the accuracy and/or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed or accepted by any member of Chambers or by Chambers as a whole.