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‘Newcomer’ injunctions and the UK Supreme Court

Introduction The recent UK Supreme Court (ÚKSC’) judgment in Wolverhampton City Council v London Gypsies explores the courts’ ability to grant ‘newcomer’ injunctions and the conditions to be satisfied...

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Nuisance and the ‘but for’ test

Introduction Japanese Knotweed (‘JKW’) is bad news for homeowners. Treatment is costly, takes a long time and while it can be managed, it seems that JKW cannot be wholly eradicated. Davies v Bridgend...

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Ancillary relief claim not a proprietary interest in the family home

In WYM v LYM ([2024] HKCA 499) title to the family home was in the husband’s name. At first instance, it was decided that the wife had no beneficial interest under the doctrines of common intention...

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Life-changing consequences as detriment in proprietary estoppel: Winter v Winter

Introduction Is there detriment if a parent promises their child that they will inherit the family business if the child works in the business for the rest of the parent’s life and the child does so?...

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Presumed tenancy in common when partners acquire land for business purposes

Presumption of tenancy in common when business property is co-owned? Is there a presumption of an equitable tenancy in common when land is acquired by partners for the purposes of their partnership...

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Joint tenant does not die possessed of an interest in the co-owned property

Joint tenants and the right of survivorship The ownership interest of a joint tenant comes to an end on death. If one of two joint tenants dies, the survivor is, from then on, the sole owner (the...

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Sun Hing Building (IO) v Join Profit (Hong Kong) Limited. Agreement to...

Introduction The dispute in Sun Hing Building (IO) v Join Profit (Hong Kong) Limited ([2024] HKCA 589) arose out of an agreement between the Incorporated Owners of Sun Hing Building (‘the IO’) and the...

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An express declaration of trust can be varied by a subsequent common...

Express declaration of trust is conclusive In Stack v Dowden, Baroness Hale said that an express declaration of trust in an assignment to co-owners is conclusive as between the parties. She went on,...

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Ouster of co-owner and adverse possession: Lin Loi Hing v PRs of Lin Lok Shi

In Lin Loi Hing v PRs of Lin Lok Shi ([2024] HKCFI 3056) Hon Tam J. had to consider whether one tenant in common had ousted the other and defeated the ousted co-owner’s title through adverse...

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Naming rights in a DMC: Falcome Company Limited v ZJ300 (IO)

In Falcome Company Limited v ZJ300 (IO) ([2024] HKCFI 2992) the court had to consider: (a) whether a naming right in a Deed of Mutual Covenant (‘DMC’) is proprietary; and (b) whether the naming (or...

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