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04 April 2019 / Rawdon Crozier
Issue: 7835 / Categories: Features , Property
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Notes on a scandal: freeholders & medieval robber barons (Pt 2)

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
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    NEWS
    The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
    Legal aid deserts leave almost one in four without adequate access to justice
    The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
    From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

    Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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