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05 October 2012 / Philip Sissons , Ciara Fairley
Issue: 7532 / Categories: Features , Property
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Unravelling the paradox

Philip Sissons & Ciara Fairley analyse a recent Court of Appeal decision on the enforceability of oral agreements

In Keay v Morris Homes (West Midlands) Ltd [2012] EWCA Civ 900 the Court of Appeal revisited the paradoxical consequences of s 2 of the Law of Property (Miscellaneous Provisions) Act 1989 (LPMPA 1989) and its own earlier judgments in Grossman v Hooper [2001] EWCA Civ 615 and Tootal Clothing Ltd v Guinea Properties Ltd (1992) 64 P & CR 452. Anyone hoping that the paradox would be resolved will be disappointed, but the case is interesting for what it says about the circumstances in which arguments premised on the problematic consequences of the section may succeed.

The problem

Section 2, LPMPA 1989 provides:

“2. Contracts for sale etc of land to be made by signed writing

  • A contract for the sale or other disposition of an interest in land can only be made in writing and only by incorporating all the terms which the parties have expressly agreed and in one document
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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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