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23 October 2014 / John Sharples
Issue: 7627 / Categories: Features , Property
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Section 2 turns 25

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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

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MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
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