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Article by Rawdon Crozier published in The Conveyancer and Property Lawyer

7th July 2015

Rawdon Crozier’s article “Estoppel and elephant traps: section 2(5) of the Law of Property (Miscellaneous Provisions) Act 1989”, which traces the legislative history of the famous proviso to the section and argues that it is not inconsistent with the operation of estoppel, has been published in The Conveyancer and Property Lawyer; citation: Conv. 2015, 3, 240-244.

Estoppel is an area about which Rawdon has written extensively and Rawdon’s case of Mortgage Express v Butcher & Martin [2012] EWCA Civ 18, which concerned estoppel and mortgage priorities, was consolidated with the North East Property Buyers [2014] UKSC 52; [2015] A.C. 385 when the case was in the Court of Appeal. Rawdon had won at first instance on a point, which had been abandoned at first instance in NEPB and succeeded in the Court of Appeal on a procedural point. Rawdon’s article on the issues in NEPB  “A question of priorities: mortgages, sell-to-rent-back tenancies and overriding interests” appeared in the Landlord & Tenant Review ((2012) L. & T. R 2012, 16(6), 220-225) prior to the Supreme Court’s decision at the end of last year. The report of Mortgage Express v Butcher can be found at http://www.bailii.org/ew/cases/EWCA/Civ/2012/18.html

 

 

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Article by Rawdon Crozier published in The Conveyancer and Property Lawyer