header-logo header-logo

23 October 2014 / John Sharples
Issue: 7627 / Categories: Features , Property
printer mail-detail

Section 2 turns 25

sharples

Is it a happy birthday for s 2 of the Law of Property (Miscellaneous Provisions) Act 1989, asks John Sharples

Children don’t always turn out as hoped or achieve what they were intended to. Twenty-five years after s 2 of the Law of Property (Miscellaneous Provisions) Act 1989 came into force it is a good time to ask: has it done the job it was meant to?

Under the old law, oral land contracts were enforceable if supported by a written memorandum or part-performance. The result was in many cases uncertainty as to whether there was a binding agreement and, if so, what its terms were—a minefield for the unwary and a litigator’s delight. But as Lord Justice Lewison said in Shirt v Shirt [2012] EWCA Civ 1029, [2012] 3 FCR 304: “Formal requirements for the disposition of interests in land exist for a good reason. They are designed in part at least to prevent expensive disputes about half-remembered conversations which took place many years before a dispute crystallised.”

Section 2 was

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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll