24 and counting

Okay, St Thomas Aquinas managed 8 million words in his lifetime (and before printing – let alone word processing – although he did have secretaries assigned to him while still a student because his tutor, Albertus Magnus, realized how bright he was) so a measly 24 articles, plus the 6 here, isn’t that much to boast about but I’m reasonably proud of my output (particularly those articles into which I’ve managed to slip non-legal references, such as EM Forster’s ‘The Machine Stops’, Arthur Koestler’s ‘The Sleepwalkers’ and Sellars’s & Yeatman’s ‘1066 and all That’). So, for anyone who might be interested, this is the list of my output to date.

It’s not just a list of articles but some of the high points of my career to date, although the first two on the sell-to-rent-back market were entirely speculative because I had been so incensed by the BBC’s giving me the brush-off, when I tried to tell them that there was a potential way out for sell-to-rent-back seller/tenants after they’d run a story saying there wasn’t (one of the reasons why I prefer ‘Analysis’ to ‘Moneybox’ is that any dealings I’ve had with the former have been utterly charming). Ultimately those articles earned me a brief appearance in the Court of Appeal in the North East Property Buyers’ litigation with which my appeal from Bournemouth had been consolidated. Winning at first instance on a point that had been abandonned in NEPB and then on a sneaky procedural point in the Court of Appeal in Mortgage Express v Butcher & Martin [2012] EWCA Civ 18 cost me a trip to the Supreme Court in NEPB [2014] UKSC 52 but earned me an enormous hug from a retired bookseller who, last I heard, was still happily ensconced in his home in the New Forest, with a lifetime right of occupation; the only seller/tenant in that sorry piece of litigation to do so, so far as I am aware.

The conflict I detected between Abbey National Building Society v Cann [1991] 1 AC 56, HL(E) and Williams & Glyn’s Bank v. Boland [1981] AC 487 (HL), however, remains unresolved but it’s set out in the article ‘A question of priorities: mortgages, sell-to-rent-back tenancies and overriding interests‘. Ironically I won because Cann suggests that overriding interests don’t always override (which I suspect may not be correct).

Of the other articles, I would immodestly suggest that anyone who wants to get estoppel right should start with reading ‘The fraudulent tenant: equity, estoppel and statutory purpose’ and ‘Estoppel and elephant traps: section 2(5) of the Law of Property (Miscellaneous Provisions) Act 1989‘ before tying themselves in knots with Laws LJ’s judgment in Newport CC v. Charles [2008] EWCA Civ 1541 or Lord Scott’s musings on estoppel and s.2(5) in Cobbe v Yeoman’s Row Management Ltd [2008] UKHL 55

It will be noticeable that a fair number of my articles have been for Landlord & Tenant Review and such merit as they may have owe a great deal to the deft touches of the editor, Professor Mark Pawlowski.

Article 25 is in the bag but I’m going to have to up my work rate to get anywhere near Aquinas levels of output, in the mean time, here in reverse order are the articles I’ve written to date:

Fixing the Vicious Cycle
Citation: Counsel, September 2016
Topic: Legislation; Public Policy; Marginal Gains and CORE value approach

Leasehold Ownership
(Written with Ibraheem Dulmeer, Legal Adviser, Leasehold Advisory Service)
Citation: The Negotiator, September 2016, 52-53
Topic: Landlord & Tenant; Leaseholds; Leases; Service Charges

 

The Vindictive Beneficiary
Citation: NLJ Vol 166, Issue 7710, 15 – 16
Topic: Wills & Probate; disclaimer by conduct; what amounts to disclaimer; intention required to disclaim.

HMO licensing costs as service charges
Citation: L. & T. Review 2016, 20(3), 101-105
Topic: Landlord and tenant; Dwellings in houses in multiple occupation; Recovery of HMO licensing costs; Reasonableness; Service charges.

Arnold v Britton – why the tenants lost (Case Comment)
Citation: L. & T. Review 2015, 19(5), 209-211
Topic: Landlord and tenant; Interpretation of Leases; Commercial Absurdity: Service charges (my take on why the Supreme Court decided as it did).

 

Estoppel and elephant traps: section 2(5) of the Law of Property (Miscellaneous Provisions) Act 1989 (Legislative Comment)
Citation: Conv. 2015, 3, 240-244
Topic: Real property; Contracts for sale of land; Constructive trusts; Estoppel; Formalities; Legal history; Why the proviso to s.2(5) does not bar the operation of estoppel.

A patchwork landscape: residential and holiday parks, leasehold lodges and mobile homes – Part II (written with Aimee Hutchinson, Blacks Solicitors)
Citation: L. & T. Review 2015, 19(2), 64-67
Topic: Landlord and tenant; Real Property; Housing; Caravan Sites; Mobile Homes; Leaseholds; Anomalies as a result of recent legislation discussed.

A patchwork landscape: residential and holiday parks, leasehold lodges and mobile homes – Part I (written with Aimee Hutchinson, Blacks Solicitors)
Citation: L. & T. Review 2015, 19(1), 16-19
Topic: Landlord and tenant; Real Property; Housing; Caravan Sites; Mobile Homes; Leaseholds; Anomalies as a result of recent legislation discussed.

 

Covered up?
(written with Anthony Eskander)
Citation: N.L.J. 2014, 164(7603), 15-16
Topic: Civil procedure; Insurance; Disclosure of Insurance Policies

 

Small but perfectly regulated? Shutting the stable door on the sell-to-rent-back market
Citation: L. & T. Review 2014, 18(1), 15-17
Topic: Landlord and tenant; Real property; Consumer law, developments in; Sell-to-Rent-Back Transactions

 

Daejan v Benson – misplaced intent? (Case Comment)
Citation: L. & T. Review 2013, 17(3), 86-89
Topic: Landlord and tenant; Service Charges; Consultation; Approach to dispensation after non-compliance with consultation provisions

 

Qualifying works: assessing the Chancellor’s contribution – Phillips v Francis (Case Comment)
Citation: L. & T. Review 2013, 17(2), 64-67
Topic: Landlord and tenant; Service Charges; Consultation

 

A question of priorities: mortgages, sell-to-rent-back tenancies and overriding interests
Citation: L. & T. Review 2012, 16(6), 220-225
Topic: Landlord and tenant; Banking and finance; Real property; Equity; Estoppel; Sell-to-Rent-Back Transactions

 

Service charges – who pays when a residents’ management company fails to comply?
Citation: L. & T. Review 2012, 16(3), 92-94
Topic: Landlord and tenant; Service Charges; Right to Manage Companies; Leaseholders obligations as residents and shareholders compared.

 

Upwardly mobile – can a mobile home be a dwelling?
Citation: L. & T. Review 2011, 15(5), 174-177
Topic: Housing; Real property; Annexation; Chattels; Mobile homes

 

The sell-to-rent-back market revisited: a postscript (Case Comment)
Citation: L. & T. Review 2011, 15(1), 22-23
Topic: Landlord and tenant; Banking and finance; Real property; Equity; Estoppel; Sell-to-Rent-Back Transactions

 

Kernott v Jones – Asking the Right Questions
Family Law Week; Articles (15/04/2011)
Topic: Real property; Co-ownership; Trusts of Land; Equity

 

The sell-to-rent-back market revisited
Citation: L. & T. Review 2010, 14(6), 221-224
Topic: Landlord and tenant; Equity; Estoppel; Sell-to-Rent-Back Transactions

 

Led astray by “dwellings” (Case Comment)
Citation: L. & T. Review 2010, 14(4), 138-141
Topic: Landlord and tenant; Holiday Homes; Whether Dwellings

 

The fraudulent tenant: equity, estoppel and statutory purpose (Case Comment)
Citation: L. & T. Review 2010, 14(2), 63-66
Topic: Landlord and tenant; Real property; Proprietary Estoppel; Promissory Estoppel; Estoppel by Convention; Statutory Purpose

 

Terms of art: why resulting, implied and constructive trusts?
Citation: The Barrister Magazine 2010
Topic: Real Property; Equity; Trusts; Agreements for the sale of land; Formalities.

 

When damage occurs – limitation and pecuniary loss in tort – an examination of the courts’ divergent approaches
Citation: P.N. 2009, 25(2), 68-75
Topic: Negligence; Damages; Personal injury; Torts; Limitation; Accrual of cause of action; Whether current law is consistent.

 

A Lack of Care: Local authorities, care and negligence claims
Family Law Week Articles (02/04/2009)
Topic: Tort; Professional Negligence; Local Authorities; Duty of Care to Children; Negligent Failure to take Care Proceedings.

 

 

Abuses in the sell-to-rent-back market – an estoppel response
Citation: L. & T. Review 2009, 13(3), 104-107
Topic: Landlord and tenant; Banking and finance; Real property; Equity; Estoppel; Sell-to-Rent-Back Transactions

Sell-to rent-back
Citation: L.S.G. 2009, 106(19), 27
Topic: Landlord and tenant; Equity; Estoppel; Sell-to-Rent-Back Transactions

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s