header-logo header-logo

Notes on a scandal: freeholders & medieval robber barons (Pt 2)

04 April 2019 / Rawdon Crozier
Issue: 7835 / Categories: Features , Property
printer mail-detail

Summing up his series on the unfairness of escalating ground rent, Rawdon Crozier proposes a way out of the dungeon

  • Could the Housing Act Trap render escalating ground rent a derogation from grant?

Part 1 of this speculative article explained the Housing Act Trap. Part 2 explores whether the trap might render escalating ground rent a derogation from grant and thus, as a matter of law, capable of being struck down.

Rule of law

Megarry & Wade (Law of Real Property, 5th edition) described derogation from grant as a free-standing and independent rule of law, an analysis endorsed by the Court of Appeal in Johnston & Sons Ltd v Holland [1988] 1 EGLR 264. It applies to all forms of grant and, while commonly associated with leases and other contracts relating to land, it is also encountered in contracts concerning:

  • Intellectual property, eg Gloucester Place Music Ltd v Le Bon [2016] EWHC 3091 (Ch) where the serving of notices by members of
  • If you are not a subscriber, subscribe now to read this content
    If you are already a subscriber sign in
    ...or Register for two weeks' free access to subscriber content

    MOVERS & SHAKERS

    Gibson Dunn—London partner promotions

    Gibson Dunn—London partner promotions

    Firm grows international bench with expanded UK partner class

    Shakespeare Martineau—six appointments

    Shakespeare Martineau—six appointments

    Firm makes major statement in the capital with strategic growth at The Shard

    Myers & Co—Jess Latham

    Myers & Co—Jess Latham

    Residential conveyancing team expands with solicitor hire

    NEWS
    One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
    The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
    Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
    Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
    Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
    back-to-top-scroll