Joint ownership and beneficial entitlement: Stack v Dowden.

Explores the issue of the share of beneficial entitlement to the family home where the legal title is jointly owned, but where there has not been an express declaration of a beneficial joint tenancy. Discusses the House of Lords judgment in Stack v Dowden which addressed this point. Explains how the judges moved the focus away from the court imposing its own sense of fairness on the parties or imputing an intention based on the circumstances to one where the concentration will be on the parties' relevant conduct. Outlines three other points of interest referred to in the judgment: (1) whether an indirect financial contribution could support a constructive trust; (2) whether proprietary estoppel and common intention constructive trusts should be assimilated; and (3) whether a mortgage liability is equivalent to a financial contribution.

Mistake, frustration and implied conditions in leases

Discusses the Court of Appeal decision in Graves v Graves on determination of a tenancy by reason of common mistake and frustration. Reviews earlier case law regarding the effects on a contract of a common mistake or frustrating event. Considers the effect of the common mistaken belief held by the parties in Graves when executing a tenancy agreement that the tenant would be entitled to housing benefit, in particular whether by reason of it a condition was implied into the tenancy that the contract would be terminated if housing benefit was unavailable.

Subrogation and non-payment of rent

Explains the equitable doctrine of subrogation as it applies to tenants, assignees and landlords. Outlines the basic principle of subrogation and examines how the principle affects the legal position of the original tenant, the tenant's assignee, the tenant's surety and the original landlord.

Without prejudice: opening shots and negotiating documents

Reviews case law which has provided guidance on the law relating to without prejudice communications in landlord and tenant disputes. Considers: (1) the extent to which without prejudice communications are inadmissible in subsequent litigation; (2) exceptions to the without prejudice rule; (3) the specific context in which the rule applies; (4) the need for a dispute or negotiation to have arisen; (5) the prohibition on using "without prejudice" as an opening shot; and (6) the effect of changing the negotiating basis.

Casual link and consensual arrangements in estoppel

Analyses the Court of Appeal decision in Powell v Benney on whether in a claim of proprietary estoppel the expectation of a couple that they would receive two properties owned, and promised to them, by a deceased friend was out of proportion to the detriment suffered by them in looking after the friend and improving his properties for their own use. Considers: (1) the approach to be taken to the requirement of a causal link between the assurance given and the conduct constituting the detriment relied on; and (2) consensual arrangements and estoppel equity.

Expectations and promises

Discusses the Chancery Division judgment in Thorner v Curtis on a claim by an unpaid farm worker, who was led to expect that he would inherit the farm. Examines whether proprietary estoppel could be proved even if the deceased landowner made no express promise. Reviews case law on proprietary estoppel.

Personal and proprietary tenancies

Examines the Chancery Division ruling in London Development Agency v Nidai on whether a number of agreements providing for the construction of a bridge and shop premises on the retaining walls of a river resulted in a binding legal lease or a series of bare licences. Comments on the failure of the judgment to mention the House of Lords ruling in Bruton v London & Quadrant Housing Trust and discusses whether a Bruton tenancy is capable of binding third parties.

On treating the symptoms and not the cause: reflections on the Dangerous Dogs Act

The experience of saving a dog that later turned out to be a Pit Bull and therefore banned under the Dangerous Dogs Act 1991, made me investigate the Act and its implications. The Act is not built on evidence and by compiling results from different studies on dog bites and breed‐specific legislation in different countries the conclusion is that there is not much empirical support for breed bans either. ‘Dangerous breeds’ do not bite more frequently than German Shepherds and directing legislation towards certain breeds deemed as ‘dangerous’ cannot therefore be seen as justified. The strength of the label ‘dangerous dog’ seems to rule out policies that follow the facts and there is more treating of symptoms than causes. [From the Author]

Estoppel and the interests of the prospective beneficiary

Reviews case law concerning proprietary and testamentary estoppel. Examines two cases in which an elderly person made certain comments and encouraged an understanding between themselves and the claimants, that on death properties would be left to them, but where the requisite legal formalities were not undertaken. Illustrates the contrasting courts' approach, once estoppel has been established, in finding the appropriate remedy to satisfy and considers the challenges faced by the courts in differentiating between constructive trust and proprietary estoppel. [From Legal Journals Index]

Cohabitation and conflict

Considers some of the potential legal difficulties that can occur on the breakdown of a cohabiting couple's relationship. Covers disputes surrounding the ownership of the family home and the use of constructive trusts following the House of Lords decision in Lloyds Bank Plc v Rosset. Outlines the recommendations of the Law Commission in its report Cohabitation: the Financial Consequences of Relationship Breakdown. [From Legal Journals Index]

The Fraud Act 2006: some early observations and comparisons with the former law

Provides a detailed analysis of the Fraud Act 2006 provisions on the offence of fraud by false representation (s.2) and the offence of obtaining services dishonestly (s.11) and assesses the extent to which they address problems arising in connection with the former deception offences under the Theft Acts 1968 and 1978. [From Legal Journals Index]

Female rape: an ongoing concern: strategies for improving reporting and conviction levels

Considers the reasons for the low rate of reported female rape. Examines statistics on reported rape and rape convictions. Reviews reasons for the low rate of reported rape progressing to trial and low conviction rates. Comments on substantive and evidential measures introduced to improve conviction rates and on measures to improve the level of reported rape and reported cases progressing to trial. Assesses the impact of the measures. [From Legal Journals Index]